BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL    COMMISSION,  PANCHKULA                                                           

Manjit Kaur wife of Shri Joginder Singh, House No.52/B-1, Model Town Colony, Pinjore-134102, District Panchkula (Haryana).                                                                                                                  ….Complainant

Versus

1. Owner of M/s Sharma Gas Agency, Shop No.1A, S.D. Sabha         Shopping    Complex, Ram Nagar, Kalka, District Panchkula   (Haryana).
2. Owner of Ashirwad Gas Service, SCO 261, First Floor, Sector-16, Panchkula.
3. The Incharge, Hisar LPG Territory, BPCL, Dhansu Road, Hisar-         125001 (Haryana), Tel. No.01662-276481, 275398.
4. The Incharge, Piyala LPG Territory, BPCL, Village Piyala, Post   Asoati, Tehsil Ballabgarh, District Faridabad, Haryana 121002       (Hry.)           

                                                                                  ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

Before:                Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member

Dr. Sushma Garg, Member

For the Parties:    Shri Sikander Bakshi, Advocate for the complainant.

                           OPs No.1 to 4 already ex-parte vide order dated 03.10.2019.

ORDER

(Satpal, President)

1.               The brief facts of the present complaint as alleged are that in the year 2002, through OP No.1, complainant got her LPG connection vide Consumer No.3362. At the time of the issuance of LPG pass book, name of the complainant was wrongly mentioned as Satvir Kaur, whereas name of the complainant is Manjit Kaur. Complainant raised objection to OP No.1, but owner of Gas Agency every time told the complainant that there is no need to worry for wrong name. As per policy of the Government of India to grant subsidy of the LPG to the consumers, the complainant submitted requisite details along with her bank account No.0249000101181487, Punjab National Bank, Kalka/ Pinjore. From 18.04.2015 to 28.06.2016, the subsidy of complainant’s gas connection was duly credited to her bank account, but after 28.06.2016, she did not receive her LPG subsidy in her account. In between complainant came to know that OP No.1 has closed his business and the complainant had to get new connection from OP No2 on 10.02.2019. On inquiry from OP No.2, regarding complainant’s subsidy OP No.2 provided her statement from 01.07.2016 to 09.01.2019 i.e. (LPG NEXT MIS Reports-Customer Information on DBTL (Distributor), which shows that after 28.06.2016, complainant’s subsidy is being credited to account No.XXXXXX7931, State Bank of India, in the name of Ms.Manjit Kaur (Complainant’s namesake lady), but not complainant herself. On 06.06.2019, complainant sent applications by speed post to Ops No.1 to 4 regarding the issues, but of no avail. This act and conduct of the OPs amounts to deficiency in service on their part; hence, the present complaint.

2.               Notices was issued to the OPs No.1 to 4 through registered post (Nos. RH387082803IN, RH387082794IN, RH387082750IN and RH401398531IN respectively) on 24.08.2019, which were not received back either served or unserved despite expiry of 30 days from the issuance of notices to OPs No.1 to 4; hence, it were deemed to be served and thus, due to non appearance of Ops No.1 to 4, they were proceeded ex-parte by this Commission, vide its order dated 03.10.2019.

3.               The learned counsel for the complainant has tendered affidavit of the complainant as Annexure C-A along with documents Annexure C-1 to C-6 in evidence and closed the evidence by making a separate statement.

4.               We have heard the ld. counsel for the complainant and gone through the entire record available on the file minutely and carefully.

5.               Evidently, the complainant was the Consumer of OP No.1 vide Consumer No.3362 as per Consumer Gas connection Card Annexure C-1. Allegedly, after the closure of operation of OP No.1, the complainant became the consumer of OP No.2. As per the complainant, the amount of subsidy paid by the Government of India was duly credited in the Bank Account No.0249000101181487 of the complainant maintained with Punjab National Bank, Kalka/Pinjore from 18.04.2015 to 28.06.2016. Further, as per complainant’s version, now the amount of subsidy is being credited to another bank account No.XXXXXXX7931 maintained with State Bank of India in the name of another lady Ms. Manjit Kaur (complainant’s namesake lady). In the present complaint, it has been prayed that the subsidy amount payable on LPG connection from 01.07.2016 to 09.01.2019 be credited into the account of the complainant along with compensation and litigation charges.

6.               Evidently, the LPG gas connection bearing consumer No.3362, was as per Annexure C-1, bears the name of Satvir Kaur and the complainant has admitted that despite the mis-match in the name of the consumer, the amount of subsidy was being credited in her account No.0249000101181487 i.e. complainant-Ms. Manjit Kaur. The complainant also represented her matter that the LPG subsidy is being credited into the bank account No.XXXXXX7391 maintained with State Bank of India in the namesake of another female Ms. Manjit Kaur instead of her account No.0249000101181487 maintained with Punjab National Bank, Kalka/Pinjore, but finding no response the present complaint has been filed.

7.               The OPs no.1 to 4 did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against them. The non-appearance of the OPs No.1 to 4 despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.

8.               From a minute perusal of LPG Gas Connection as well as the MIS-Report Annexure C-3 it seems that the problem has arisen on account of mis-match in the name of beneficiary. It is clear from the MIS report (Annexure C-3) that amount of LPG subsidy is being credited into the account of another women bearing the same name i.e. Manjit Kaur having a different account No.XXXXXX7931, which is incorrect and non-justifiable on the part of OPs. The OPs have not initiated any action despite the representation made by the complainant vide her letter dated 06.06.2019(Annexure C-4). In the absence of any version from the opposite parties the version of the complainant being un-controverted and un-rebutted, is liable to be accepted; hence, there have been deficiency in service on the part of the OPs No.1 & 2 while rendering services to the complainant; hence, the complainant is entitled to relief. However, we dismiss the present complaint qua OPs No.3 & 4. No litigations charges are payable as the learned counsel has been engaged by DLSA.

9.               As a sequel to above discussion, we partly allow the present complaint with the following directions to the OPs:-

1. The Ops No.1 & 2 is directed to make the payment of subsidy payable to the complainant w.e.f. 01.07.2016 to 09.01.2019.
2. To pay an amount of Rs.2,500/- to the complainant on account of mental agony and harassment.

10.             The OPs No.1 & 2 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 & 2 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced:25.10.2021

          (Dr. Sushma Garg)      (Dr. Pawan Kumar Saini)       (Satpal)     

               Member                           Member                      President

Note: Each and every page of this order has been duly signed by me.

                                              Satpal

                                             President