DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 265 of 18.7.2018

                                      Decided on:   14.12.2018

Shishu Pal Verma, aged 46 years and R/o H.No.143, New Mehar Singh Colony, Patiala.

                                                                   …………...Complainant

                                      Versus

1. M/s Patiala Gas Centre [CC-115611], Behind Delhi Plaza, Rajbaha Road, Patiala-147001 (Punjab) through its Manager and Owner.
2. M/s Bharatgas-Bharat Petroleum Corporation Limited, Bharat Bhawan, 4&6 Currimbhoy Road, Ballard Estate, Mumbai -400001 (Maharashtra) through its Chairman-cum-Managing Director.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. M.P.Singh Pahwa, President

                                      Smt. Neelam Gupta, Member

ARGUED BY

                                      Sh.Shishupal Verma, complainant in person.

                                      Opposite parties No.1&2 ex-parte.                              

 ORDER

                                     M.P.SINGH PAHWA,PRESIDENT

1. Briefly, the case of the complainant is that he is consumer under Section 2(b)(i) read with Section 2(d) of Consumer Protection Act , of the OPs vide consumer No.14192, domestic gas consumer card No.857380. The OP No.1 is authorized distributor for LPG cylinders, supplied by OP No.2. The Govt. of India, through OPs provides LPG to domestic households including the complainant at subsidized rates in 14.2 Kg cylinders upto the prevailing cap of cylinders per annum per household.
2. As per complainant, BPCL PAHAL-Pratyaksh Hanstantri Labh (DBTL-Direct Benefits Transfer for LPG,launched on 1.6.2013 by Ministry of Petroleum and Natural Gas Govt. of India. It required the consumer to mandatorily have an Aadhar number for availing LPG subsidy on every purchase of LPG cylinder. The Govt. of India modified the scheme and  re-launched it in 54 districts on 15.11.2014 and later on in the rest of the country on 1.1.2015.A consumer joining the scheme were/are called CTC (cash transfer complaint) and those having Aadhar number could/can receive LPG subsidy in their bank account by linking their Aadhar number to their bank account and to the LPG consumer number.
3. The complainant submitted Form-4, alongwith cancelled cheque of his bank account No.SB-1579/07192010011130 of the Oriental Bank of Commerce, Tripuri, Patiala and copy of his 12 digits Aadhar card No.484426811582 to OP No.1 for seeding the same with his consumer account No.14192 and joined the LPG-DBTL scheme on 1.1.2015.An acknowledgment slip dated 1.1.2015 was issued to the complainant which was signed and stamped by OP No.1. Simultaneously on 1.1.2015, complainant also got seeded his bank account No. SB-1579/07192010011130 of the Oriental Bank of Commerce, Tripuri, Patiala with his Aadhar card No.484426811582.The OBC bank has duly issued  certificate dated 6.12.2017.Thereafter, the payment of LPG DBTL subsidy started getting credited/paid by the OPs in OBC bank account from 6.1.2015 with previous arrears thereof and onwards upon each subsequent purchase of LPG cylinder, against cash payment.
4. The OPs kept crediting the LPG DBTL subsidy regularly till 29.6.2016 but skipped the pending subsidy against LPG cylinders dated 22.8.2016 and 14.10.2016.From 1.12.2016 onwards also there is no credit of LPG subsidy by the OPs in the complainant’s bank account. During this period, the complainant has purchased 8 LPG cylinders against cash payment from the OPs for which no DBTL LPG subsidy has been credited/paid to the complainant in his bank account. The complainant also furnished the details of 8 LPG cylinders as under:

5. It is alleged that despite repeated visits to the OBC Bank, Tripuri Patiala, the pending payments of this subsidy was not paid/credited in his bank account. The complainant also written complaint dated 21.10.2017 in the prescribed form No.6 with the OP no.1 against acknowledgment slip duly signed and stamped by OP No.1. OP No.2 replied to the complaint through e-mail dated 21.10.2017 but to no action. Thereafter on 22.10.2017 the officers/officials of OP No.2 from their Chandigarh office talked to the complainant telephonically and assured to resolve the grievance but nothing has happened.
6. On this background of the facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the OPs. He has prayed for direction to the OPs to credit/make overdue payment for the said 8LPg cylinders in his bank account with interest @18% per annum, Rs.50,000/-as compensation towards mental agony, harassment etc and Rs.30,000/- as costs of litigation. Hence this complaint.
7. Upon notice, none appeared on behalf of the OPs. They were proceeded against exparte.
8. In support of the complaint, the complainant tendered into evidence his affidavit, Ex.CA, copy of Gas Consumer Card, Ex.C1, copy of acknowledgment slip, Ex.C2, copy of certificate, Ex.C3, copies of pass book entries, Exs.C4&C5, copy of refill receipt, Ex.C6, copy of bank passbook entries, Ex.C7, copies of cash receipts, Exs.C8 to C10, copy of complaint, Ex.C11, copy of acknowledgment, Ex.C12, copies of e-mail Exs.C13 & C14.
9. We have heard the complainant and have also gone through the record of the case, carefully.
10. The complainant has claimed that he has not received the subsidy for the eight cylinders as detailed in the complaint and reproduced above. The copies of pass book entries, Exs.C6 &c7 prove that the complainant has received eight cylinders during above period.
11. The OPs have not come forwarded to contest the claim of the complainant. So it is to be accepted that the complainant has not received subsidy regarding these eight cylinders
12. Now the question is regarding relief for which the complainant is held entitled.
13. The complainant has claimed recovery of the subsidy amount from the OPs but has not produced on record the policy or any other document to prove that the subsidy is to be paid by the OPs at their own. Of course the OPs have to intimate the  concerned authorities regarding supply of the subsidized cylinders to the consumer and the concerned authorities have to release the subsidy directly to the consumer ( complainant  in this case) As such the main responsibility of the OPs is to furnish the details of sale of the cylinders to the concerned authorities and in case they have failed to perform their obligation only then they can be held liable to pay the subsidy from their pocket due to the loss suffered by the complainant.
14.  For the reasons recorded above, the complaint is partly accepted with Rs.5000/-as costs and compensation against OP No.1.The OP no.1 is directed to furnish the detail of the supply of subsidized cylinders to the concerned authority within 45 days, failing which the OP will  be liable to refund the subsidy amount to the complainant from its pocket. Compliance of this order be made within a period of 45 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:14.12.2018     

                                                Neelam Gupta               M. P. Singh Pahwa

                                                       Member                                    President