Orissa

Cuttak

CC/91/2018

Ranjit Kumar Das - Complainant(s)

Versus

Prateek Gas Service - Opp.Party(s)

G S Mohanty

16 Sep 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.91/2018

Ranjit Kumar Das,

S/O:Ajit Kumar Das,

At:Nimpur,(SAbara Sahi),

P.O:/P.S:Jagatpur,Cuttack-21.                                                        ... Complainant.

 

                                                Vrs.

1.        Distributor,

PRATEEK GAS SERAVICE,LPG distributor

Plot No.1207,Mahanadi Bihar,

P.O:Nayabazar,P.S:Chauliaganj,

Cuttack-753004.

 

2.        Hindustan Petrolium Corporation Ltd.,

5^th Floor,Alok Bharati Complex,

Sahid Nagar,E.P.F Colony,E Block

Bhubaneswar-751007.

 

3.        Branch Manager,Bank of India,

Jagatpur Branch,At/P.O:Jagatpur,

Dist:Cuttack.                                                               ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    27.08.2018

Date of Order:   16.09.2022

 

For the complainant:          Mr. G.R.Mohanty,Adv. & Associates.

For the O.P  No.1  :             Mr. S Mohapatra & associates.

For the O.P No.2:                Mr. R.K.Pattnaik,Adv. & Associates.

For the O.P No.3:                                None.

 

Sri Debasish Nayak,President                                             

Case of the complainant as made out from the complaint petition in short is that he is a consumer of LPG gas and had availed subsidy for the same till 16.12.2017 through Bank of India,Jagatpur Branch.   When he knew about the non-availability of the subsidy further, he had contacted the O.Ps for several times and ultimately had to file this case since because he has suffered a loss of subsidy amounting to Rs.95,316/- till 19.7.18.  He has claimed the said amount from the O.Ps alongwith compensation to the tune of Rs.3000/- towards his mental torture and further a sum of Rs.3000/- towards his litigation cost.

In order to prove his case the complainant has filed copies of certain documents.

2.         Out of the three O.Ps as arrayed in this case, O.P no.3 has been set exparte vide order dt.7.1.20.  However, O.Ps no.1 & 2 have filed their separate written versions and have contested this case.  According to the written version of O.P No.1, he has not committed any deficiency of service nor had practised unfair trade.  He has no control over the automated transfer of LPG subsidy to the customers.  The subsidy is offered by the Govt. of India to the LPG consumers and is disbursed online by National Payment Corporation of India to the bank account of the customers through Adhar enabled Payment Bridge.  Thus he has prayed to dismiss the complaint petition as filed since because had has not committed any deficiency in his service nor had he practised any unfair trade.

O.P No.1 has filed copies of documents in order to prove his case.

According to the written version of O.P no.2, the complaint petition being not maintainable is liable to be dismissed.  O.P no.2 through his written version has also urged that he has never committed any deficiency in service nor had he practised any unfair trade.  Subsidy is never a service as demanded by the complainant which is only given as per the Govt. of India scheme directly.  Thus in toto the O.P no.2 has also urged to dismiss the complaint petition being not maintainable.

3.            Keeping in mind the averments as made in the complaint petition together with the contents of both the written versions, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

ii.         Whether there was any deficiency in service on the part of the O.Ps. or if they have practised any unfair trade?

            iii.        Whether the complainant is entitled to the reliefs as claimed ?

Issues no.i & ii.

            Out of three issues, Issue no.i & ii being the pertinent issues are taken up together first for consideration here in this case.

            The subsidy is undoubtedly a scheme of Govt. of India which is given to the eligible LPG customers and as claimed by the complainant here in this case and countered by the O.Ps, in fact the O.Ps have no control over the said subsidy of the Govt. of India.  Thus, as it appears the allegation as made by the complainant against the O.Ps that they were deficient in their service by not providing him the subsidy further appears to be only a bald allegation which lacks authentication.  Accordingly, this Commission is of a view that the O.Ps were never deficient in their service when the subsidy was discontinued to the complainant as alleged.  Accordingly, it can never be said that the case of the complainant is maintainable.  Thus, these two issues are answered against the complainant.

Issue no. iii.

            From the discussions as made above, it is concluded that the complainant is not entitled to any of the reliefs as claimed by him.  Hence, it is so ordered;

 

 

                                                             ORDER

            The case is dismissed on contest against O.Ps no.1 & 2 and exparte against O.P no.3 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 16^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                            Sri Sibananda Mohanty

                                                                                                                                               Member