Orissa

Koraput

CC/43/2018

Smt. K. Syamalamba - Complainant(s)

Versus

M/s. Arisetty Suryanarayana & Sons, Represented by Mg. Partner : Sri A. Sudhakar, HP Gas Distributor - Opp.Party(s)

Sri Aswini Kumar Patnaik

31 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
KORAPUT AT JEYPORE,ODISHA
 
Complaint Case No. CC/43/2018
( Date of Filing : 11 Apr 2018 )
 
1. Smt. K. Syamalamba
Bhupati Street, Jeypore
Koraput
Odisha
...........Complainant(s)
Versus
1. M/s. Arisetty Suryanarayana & Sons, Represented by Mg. Partner : Sri A. Sudhakar, HP Gas Distributor.
Old Fish Market, Jeypore
Koraput
Odisha
2. The Regional Manager, HP Gas Consumer Service Cell
5th Floor, Alok Bharati Building, Saheed Nagar, Bhubaneswar-751 007.
Khurda
Odisha
3. Corporate Head, Hindustan Petroleum Corp. Ltd.
Petroleum House, 17-Jamshediji Tata Road, Mumbai-400 020
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Nibedita Rath PRESIDING MEMBER
 HON'BLE MR. Jyoti Ranjan Pujari MEMBER
 
For the Complainant:
Absent
 
For the Opp. Party:
Absent
 
Dated : 31 Mar 2020
Final Order / Judgement

For Complainant         :           Sri Aswini Kumar Patnaik, Advocate & Associates.

For OP No.1                 :           Self.

For Ops 2 & 3              :           None.

                                                            -x-

1.                     The brief history of the case of the complainant is that she is a consumer of LPG Cooking Gas supplied by HPCL vide Consumer No.014611 and ID No.29110906200023967.  It is submitted that her Aadhar Card No.661902744858 is seeded with her SB A/c. No.1099 with Bank of India, Jeypore Branch and the subsidy amount was directly credited to this account.  Thereafter, subsidy amount was credited directly to her SB A/c. No.0840 maintained in Andhra Bank, Jeypore branch up to 09.03.2017.  It is further submitted that after 09.03.2017 the complainant had purchased HP Gas refill cylinder on 30.05.2017, 19.08.2017 and on 14.12.2017 but the subsidy under above purchase has not been credited to her account.  It is also further submitted that she approached the OP.1 and sent registered letters requesting solution to get the subsidy but in vain.  Thus alleging deficiency in service on the part of the Ops she filed this case praying the Forum to direct the Ops to release the subsidy amounts and to pay Rs.2, 10,000/- towards compensation and costs to the complainant for her sufferings.

2.                     The OP No.1 filed counter denying the allegations of the complainant but admitted that the complainant is a consumer of HP Gas and contended that the Ops have no role in payment of subsidy or updating the Aadhar number of any consumer’s bank account and the entire process of seeding Aadhar number to avail subsidy of LPG is controlled by NPCI and nobody has any access to it.  Denying the allegation of the complainant that OP.1 has not helped the complainant in solving her subsidy problem, the OP contended that it has rendered all helps and properly educated the complainant regarding the procedures that shall be observed by the complainant herself.  It is further contended that as per NPCI, the subsidy amounts are remitted to the latest Aadhar tagged bank account of the customer and the Ops have no knowledge about how many accounts the complainant had rendered her Aadhar particulars in tagging.  The OP also further contended that the complainant has not tried any proper channels to sort out her problems as guided by OP.1 and has concealed that she has another account at Vizianagaram vide A/c. No.565820010000115 of Bank of India and the subsidy amount has been credited to the latest Aadhar Card link bank account.  In order to know her problems regarding deposit of subsidy, there are many channels opened for the consumers by the Company but she has not tried her best to know those procedures in spite of knowledge.       Thus denying any deficiency in service on its part, the OP.1 prayed to dismiss the case of the complainant.  The Ops 2 & 3 has not participated in this proceeding in any manner but they authorised OP.1 to sign counter and appear before the court.

3.                     Both the parties have filed certain documents in support of their respective cases.  The complainant has filed affidavit.  Heard from the complainant through her A/R and also heard from the OP.1 at length.

4.                     In this case it is an admitted fact that the complainant is a consumer of LPG Cooking Gas supplied by HPCL vides Consumer No.014611 and ID No.29110906200023967 and the OP.1 is the authorised distributor of cooking gas at Jeypore town.  The case of the complainant is that her Aadhar Card is seeded with SB account No.1099 of Bank of India, Jeypore branch and gas subsidy was directly credited to that account.  Later on subsidy amount was regularly credited to her SB account No.0840 maintained in Andhra Bank, Jeypore up to 09.03.2017 but after that date she has purchased gas refills 3 times up to 09.03.2018 but no subsidy amount is coming to her above 2 accounts in spite of personal approaches to OP.1 besides two registered letters to OP.1 seeking solution.

5.                     The OP.1 stated that it has no knowledge regarding number of accounts being maintained by the complainant and number of accounts seeded with Aadhar Card number.  The OP.1 has further stated that they have no role in payment of subsidy or updating the Aadhar Card number of any consumer’s bank account and the entire process of seeding Aadhar to avail subsidy of LPG is controlled by National Payments Corporation of India (NPCI) and nobody has any access to it.  The OP.1 submitted that he has rendered all helps and educated the husband of the complainant regarding subsidy payment procedure which is available in HP Gas software.

6.                     It is a fact that the complainant has admitted in his complaint petition that she was receiving subsidy through her bank accounts up to 09.03.2017.  Thereafter, she has not received the subsidy through above accounts and hence she approached to OP.1 through her husband.  She might have properly guided by OP.1 regarding procedures of crediting the subsidy amount as because everything is available in HP Gas portal for public interest.  So the allegation of non cooperation of OP.1 to the complainant in this matter is not believable.  It is also a fact that as per NPCI guidelines, subsidy amounts are being remitted to the latest Aadhar tagged bank accounts of the customer.  In the above circumstances, the Ops have no scope to aware as to how many accounts, the complainant had rendered her Aadhar particulars for tagging.

7.                     The complainant through her A/R has filed written argument stating that the subsidy amount was not credited to the SB accounts seeded with the distributor maintained with Andhra Bank but it shows crediting of the subsidy to some other bank accounts of the complainant.  The OP.1 submitted that as per NPCI protocol the subsidy amounts are being deposited to the latest Aadhar linked bank account of the complainant and the OP.1 found that the complainant had an account with Bank of India, Vizianagaram vide Account No.565820110000115 which fact was suppressed by the complainant and the said account is linked with Aadhar Card of the complainant.  Therefore, as per guidelines of the NPCI, the subsidy amount has been received by the complainant through above bank account but without proper verification the complainant has filed this case against the Ops which is not proper on the part of the complainant.  The complainant through her A/R has also admitted this fact at the time of hearing.

8.                     From the above discussions it can be concluded that without any fault on the part of the Ops, the complainant has come up with this case against them which amounts to sheer harassment to the Ops.  Without taking any coercive action under relevant section of C. P. Act, we only observe that the complainant has committed mistake in lodging this complaint against the innocent Ops.

9.                     With above observation, we dismiss the case of the complainant having no merit but without costs in the peculiar circumstances of the case.

(to dict.)

 

 
 
[HON'BLE MRS. Nibedita Rath]
PRESIDING MEMBER
 
 
[HON'BLE MR. Jyoti Ranjan Pujari]
MEMBER
 

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