Consumer Complaint No.18 of 2016

Date of filing: 10.02.2016                                                                     Date of disposal: 28.10.2016

Complainant:               Nemai Chand Adhikary, S/o. Late Kamalakanta Adhikary, resident of Gosainpara, Barapukurpar, Agriculture Firm, PO., PS. & District: Burdwan, PIN – 713 101.

-V E R S U S-

Opposite Party:    1.     Paschim Banga Gramin Bank, Burdwan Branch, represented by its Manager, having its office at PO., PS. & District: Burdwan, PIN – 713 101.

2.      India Oil Corporation Limited, represented by its Regional Manager, having its office at Indian Oil Bhawan, 2, Gariahat Road, South Dhakuria, Kolkata – 700 068.

Present:      Hon’ble President: Sri Asoke Kumar Mandal.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Suvro Chakraborty.

Appeared for the Opposite Party:  None.

Appeared for the Opposite Party:  Ld. Advocate, Tanmoy Hazra.

J U D G E M E N T

This is a complaint u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice by way of non-refund of subsidy amount in the bank account of the complainant.

            The complainant is a consumer of the OP-2 i.e. Indian Oil Corporation Ltd. Vide consumer ID no. 19435 and subscription voucher no. 147173 and he consumes gas from the OP-2 through their dealer, namely, Gobind Gas Power Company. It is stated by the complainant that each and every consumer of gas will get refund of the subsidy amount by registering their bank account number before their Gas Company and dealer, as well as, after going through the prescribed procedure as per regulation of Govt. of India. It may also be mentioned that for refillong gas every consumer has to pay the total cost of gas to the Gas Company and thereafter the subsidy amount is credited into the consumers’ bank account. The complainant for getting refund of the subsidy amount registered his bank account bearing No. 1064100003549 lying with the OP-1, Paschim Banga Gramin Bank before the OP-2. The OP-2 registered the bank account number of the complainant after taking all the necessary documents from the complainant, as well as, making link with the OP-1- Bank. Thereafter the OP-2 on each and every occasion credited the subsidy amount in the bank account of the complainant so registered and sent SMS to the phone number of the complainant. Till 05.01.2015 on each and every occasion the complainant gets refund of the subsidy amount as credited amount by the OP-2. The complainant further begs to submit that he received his refill from the dealer of the OP-2 on 02.02.2015 and he received an SMS on 09.3.2015 from the end of the OP-2, the transaction sequence number of which was 595601362 from where it is learnt by the complainant that an amount of Rs. 226.68 has been credited by the OP-2 in to the registered bank account of the complainant. On the same date he received another SMS from the OP-2 that an amount of Rs. 568/- has been credited into the complainant’s account as advance money, the transaction sequence number being 662230601. As such the complainant on the very next date i.e. on 10.3.2015 went to the OP-1 for updating his bank account and after updating the same the complainant came to learn that no amount of Rs. 226.68 & Rs. 568/- have been credited in his account. The complainant visited with the men and agent of the OP-1 who assured him by stating that they would look into his matter. But no relief has yet been received by the complainant, though he gave written representation before the OP-1 on 27.3.2015 & 18.5.2015 but did not get any relief. The complainant also approached before the CA & FBP, Burdwan Regional Office but the OP-1 did not turn up even after getting notice from the CA & FBP, Burdwan Regional Office, Burdwan. Thereafter a legal notice dated 26.11.2015 has also been sent to the OP-1 but the OP-1 did not give any reply to that letter till date, as such, the complainant is compelled to file the present complaint before this ld. Forum.

            Hence the case arose.

            The complainant prays for Rs. 794.68 (Rs. 226.68 + Rs. 568) for crediting in his bank account. He also prays for Rs. 20,000=00 towards compensation for mental pain, agony and harassment and Rs. 10,000=00 as litigation cost.

            Notices were duly been served upon the OP-1, the Bank & OP-2, the Company. The OP-2 contested the case by filing written version but the OP-1 did not appear, so the case was heard ex parte against the OP-1.

            The OP-2 also submitted that up to 02.3.2015 the Aadhaar Card details of the complainant had not been updated in their internal records and payment of subsidy advance/subsidy was being released in the bank account after updating in the internal records of this company. According to prevalent practice the subsidy/subsidy advance is automatically credited to the account of the beneficiary once the advice is generated by the OP-Company in the software called Indsoft.  It could be seen from the internal records of the Company that on 19.02.2015 and on 01.3.2015 two different payment advices for an amount of Rs. 226.68 & Rs. 568/- respectively were sent to the complainant’s bank account and the status of these payments as per the records was “successful”. It is also worthy to mention that the said payments were made to complainant’s bank account number ending with 3549 and bearing IFSC Code UCBA0RBPBG. The OP-2 also submitted a copy of the relevant screen shot of the Indsoft software showing the subsidy/subsidy advance released to the complainant. So the OP-2 has no deficiency in service regarding release of subsidy/subsidy advance to the complainant. So the OP-2 has prays for dismissal of complaint, as well as, the OP-2 Company.

Decision with reasons:-

            The complainant adduced evidence on affidavit by filing Blue Book for refilling of gas, first page and the last page of the Paschim Banga Gramin Bank, Burdwan Branch wherefrom his account number 1064100003549 and IFS Code UCBA 0 RRBPBG was shown. From the pass book of the bank account of the complainant it may be incurred that the said amounts of Rs. 226.68 & Rs. 568/ were not at all credited to his bank account. All the relevant letters from the complainant to the Branch Manager, Paschim Banga Gramin Bank, Burdwan Branch i.e. OP-1 and the legal notice by the complainant’s advocate to the OP-1 were also adduced as evidence on affidavit. Only OP-2 contested the case and argued that the complainant has no allegation against it or any relief has been sought for against it.

            Perused all the documents submitted by the complainant and the screen shot of the Indsoft software, it may be inferred that the disputed amount of Rs. 226.68 & Rs. 568/- as subsidy/subsidy advance have been released by the OP-2 for getting the aforesaid amounts to the bank account of the complainant but the OP-1-Bank has not credited those amounts till date and there is no evidence as to whether the released amounts i.e. Rs. 226.68 & Rs. 568/- have been returned back to the OP-2, the Company. Therefore, this Forum has no knowledge about the status of the said amounts lying with the OP-1 who has not contested the case by filing any written version. Therefore, the complainant is entitled to get back those amounts which have already been released by the OP-2 and credited to the complainant’s bank account “successfully”, evidenced from the screen shot of Indsoft software. Hence, the case of the complainant succeeds.

Fees paid is correct.

            Hence, it is

O r d e r e d

that the case is allowed ex parte with cost against the OP-1 and dismissed on contest against the OP-2 directing the OP-1-Bank to credit Rs. 226.68 along with interest @4% per annum from 19.02.2015 & Rs. 568=00 along with interest @4% per annum from 01.3.2015 in the complainant’s relevant bank account within 45 days from the date of passing of this award, failing which, the OP-1 shall be liable to pay penal interest @8% per annum for the default period on the total awarded amount and the OP-1 is also directed to pay Rs. 500=00 as compensation for mental pain, agony and harassment and Rs. 200=00 as litigation cost within 45 days from the date of passing of this award, failing which, the complainant will be at liberty to put the award in execution as per provisions of law.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

                     (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                        President       

                                                                                                             DCDRF, Burdwan

                     (Pankaj Kumar Sinha)

                           Member

                       DCDRF, Burdwan

                                                                                (Pankaj Kumar Sinha)

                                                                                       Member   

                                                                                   DCDRF, Burdwan