Date of Filling :28.05.2014.
Date of Disposal 29.09.2014.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,TIRUVARUR.
THIRU K. JAYABALAN. B.SC.,B.L, …....PRESIDENT.
THIRU.R.RAMESH. B.Com., M.A., …..MEMBER-1
TMT.K.SIVASANKARI. B.SC.,M.C.A.,M.Phil., …..MEMBER-2
CC.NO 18/2014
DECIDED ON THIS 29th DAY OF SEPTEMBER 2014.
A.Kamalaventhan,
S/O Arunachalam,
Maruthapatinam Main Road,
Tiruvarur Taluk,
Tiruvarur District. ..….Complainant
/versus/
1.Priya Gas Agencies,
Indane Gas Distributor,
25/7 Mettu Street,
Tiruvarur Taluk,
Tiruvarur District. ….Opposite Parties
This complaint coming up for final hearing before us on 09.09.2014, upon perusuing the complainant and other material paper on record and upon hearing the arguments of Thiru.S.Paliniraja,B.A.,B.L., counsel for the complainant and Thiru.S.Manikandan M.A.,B.L., counsel for the opposite party and having stood over till this day for consideration this Forum passed the following
ORDER
BY PRESIDENT, THIRU.K.JAYABALAN,B.Sc.,B.L.,
This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.
THE CASE OF COMPLAINANT IS BRIEFLY AS FOLLOWS:-
The complainant registered as a consumer on 4.11.2011 with the opposite party and he later booked for refill gas cylinder on 27.1.2014 and 12.2.2014, he was supplied with a cylinder demanding the cost of the cylinder, a sum of Rs.1,154/- and he has refused to receive the said cylinder and also asked them to supply the cylinder with subsidy amount and there after he was not supplied with any refill gas cylinder and hence he issued a notice on 7.3.2014. Even after that he was not supplied with any cylinder and hence he has suffered with hardship and mental agony and hence he has filed a complaint claiming a sum of Rs. 50,000/- as compensation besides other reliefs.
2. WRITTEN VERSION OF OPPOSITE PARTY ARE AS FOLLOWS:-
The opposite party admits that the complainant is a customer and with the opposite party and he had booked for Refill Gas cylinder on 27.1.2014 and further the complainant furnished his Aadhar card on 2.1.2014 and after under the scheme of Aadhar card those who demands the cylinder, the cylinder will be supplied at the rate of Rs.1154/- per cylinder and subsidy amount directly deposited into the customer’s Bank Account and accordingly when the cylinder was supplied to the complainant under the Aadhar scheme on 12.2.2014, the complainant had refused to receive the gas cylinder, since the cylinder was billed for Rs.1154/-. Thereafter on 7.3.2014, the Government withdrawn the circular that the Aadhar card need not be insisted and hence again on 28.3.2014, refill gas cylinder was sent to the complainant billing Rs.404/- and even then the complainant did not receive the said cylinder. On that day and hence the opposite party did not commit any deficiency in service and the contentions of the petitioner, he suffered with mental agony is not acceptable and there is no justification in claiming Rs.50, 000/- as compensation and he prays for dismissal of the complaint.
3. Ex.A.1 and A.2 were marked on the side of the complainant while Ex.B.1 to B.8 were marked on the side of the opposite party.
4.THE POINTS THAT ARISE FOR CONSIDERATION ARE AS FOLLOWS:-
- Whether the opposite party committed any deficiency in service?
- Whether the complainant is entitled for compensation from the opposite party ?
- To what relief the complainant is entitled to?
5.POINT NO.1:
The admitted facts are that the complainant is a customer of the opposite party gas agency and his consumer No. 028771 and he has registered for the refill gas cylinder and further on 12.2.2014 the opposite party supplied the cylinder, billing an amount of Rs. 1154/- and the same was refused by the complainant.
6. The complainant would contend that he has rightly refused to receive the cylinder on 12.2.2014, since the billing amount was for Rs. 1154/- without deducting the subsidy amount and there after he has requested orally to supply the cylinder subsidy rate and even then the opposite party has not supplied and hence he issued Ex.A.1 notice dated 7.3.2014 for clarification and for which they have not given sufficient reply and hence he has filed with this complaint for deficiency in service of the opposite party.
7. The opposite party would contend that the Indian oil Corporation insisted to supply the gas cylinder those who are having the Aadhar card and the complainant also furnished the copy of the Aadhar card to his agency(opposite party) with his bank account number and the scheme is with the Aadhar card,that the consumer has to pay the amount for the gas cylinder in entirety and subsidy amount directly deposited by the Corporation into the account of the complainant/ consumer and accordingly the case in hand also a sum of Rs. 435/- was credited into the account of the complainant on 31.1.2014 which is marked a Ex.B.3 and after that the gas cylinder was billed for Rs.1154/- dated 12.2.2014 and supplied to the complainant on 13.2.2014 and 14.2.2014 and the same was refused by the complainant and after that the Indian Oil Corporation has withdrawn the circular of insisting the Aadhar card on 7.3.2014, the opposite party has sent a refill gas cylinder on 11.3.2014 by billing Rs. 404/- for the supply to the complainant on 13.3.2014 and 14.3.2014 which is marked as Ex.B.6 and that gas cylinder was also refused by the complainant. Again under Ex.B.7 on 15.3.2014,16.3.2014 and under B.8 20.3.2014 the cylinder was supplied to the complainant at the normal rate of Rs.404/- and even on such occasion’s, the complainant had refused to receive the cylinder and therefore at no point of time, the opposite party has committed any deficiency in service and therefore the complainant is not entitled for any compensation received from the opposite party.
8. The complainant issued Ex.A.1 dated 7.3.2014 stating that he was suffering with hardship and mental agony and he asked an explanation of the opposite party to send reply within 15 days, failing which he would proceed to the consumer court. The opposite party had sent Ex.B.1 reply dated 20.3.2014 in which he has stated that the cylinder was supplied to the complainant on 15.2.2014 under the Aadhar card scheme billing Rs.1154/- and after the scheme was withdrawn on 7.3.2014, he had sent the gas cylinder subsequently for the normal rate of Rs.404/-. Ex.B.5 is the bill for the proof of supply of cylinder to the complainant on 12.2.2014. The said bill in billed for Rs. 1154/- under Aadhar scheme. The complainant also admits that he had received the cylinder on 12.2.2014 and however he refused the same, is billed for Rs. 1154/- and requested to supply the cylinder with a normal rate that is without subsidy amount. According to the opposite party, the subsidy amount of Rs.435/- for the gas cylinder attempted to supply on 12.2.2014 credited into the account of the complainant on 30.1.2014 and the said account copy is marked as Ex.B.3. The account number available in Ex.B.3 is not denied by the complainant as that is not that of him. Hence as contended by the opposite party, the subsidy amount for the cylinder attempted to supply to the complainant on 12.2.2014 was credited into the complainant’s account on 30.1.2014 under Aadhar card scheme is accepted. This explanation is also clearly stated by the opposite party that in his reply notice. Though the complainant would say that the opposite party have not given sufficient reply, he had not denied the reply of the opposite party, hence it is concluded that for registering the refill gas cylinder by the complainant on 27.1.2014 was supplied by the opposite party on 12.2.2014 only under the Aadhar card scheme and while supplying through such a scheme, there is nothing wrong in which that the complainant himself has rightly considered and opted for the Aadhar card scheme by furnishing the particulars such as Aadhar card copy which is marked as Ex.B.2 and also furnished his Indian Bank Account number. Since the complainant supplied the refill gas cylinder to the complainant under the Aadhar card scheme as contended by the complainant, the opposite party has not committed any deficiency in service as contended by the complainant, according to this point answered.
9. POINT NO.2:
It is held in point No.1, that the opposite party had not committed deficiency in service, the complainant is not entitled for any compensation from the opposite party.
10. POINT NO.3
The opposite party had contended that after the Indian Oil Corporation withdrawn the circular on 7.3.2014, of the Aadhar card, they have sent the cylinder under Ex.B.6 dated 11.3.2014, B.7 dated 15.3.2014 and Ex.B.8 dated 19.3.2014 for billing Rs.404/- and the same was attempted to be supplied to the complainant, the complainant refused the same. The complainant replied that those documents were created for the purpose of the case in order to cheat this Forum that as if they have attempted to supply the gas cylinder on many occasions. Ex.B.6 to B8 were rightly pointed out by the Complainant that the same has been created for the purpose of defeating the rights of complainant before this Forum. Such a attitude from public sector undertaking will send a wrong signal and they are duty bound to serve consumer. Therefore it is crystal clear that only in order to circumvent the attention of this court, the opposite party has prepared Ex.B.6 to B.8 bills, only after filing of the written version before this Forum and that is why those documents were not reflected either in Ex.B.1, reply letter or in the written version. Such an act of the opposite party is highly condemnable. Anyhow, it is decided in point No.1 that the opposite party has not committed any deficiency in service and in point No.2, that the complainant is not entitled for any compensation, It is held that the complainant is not entitled for any relief in this complaint.
In the result, this complaint is dismissed without cost.
This order is dictated by me to the Steno-Typist transcribed and typed by her and corrected and pronounced by me on this 29th day of September 2014.
MEMBER - I PRESIDENT MEMBER - II
LIST OF DOCUMENTS ON THE SIDE OF THE COMPLAINANT:
1.Ex. A1/ Dated 07.03.2014 Notice sent by complainant counsel to the
opposite party.
2.Ex. A2/ Dated 08.03.2014 Acknowledgement signed by the opposite
Party.
LIST OF DOCUMENTS ON THE SIDE OF THE OPPOSITE PARTY:
1.Ex. B1/ Dated 20.03.2014 Reply sent by the opposite party to the
Complainant’s lawyer.
2.Ex. B2/ Dated 02.01.2014 Xerox copy of Aadhar card of the
Complaint .
3.Ex. B3/Dated 27.01.2014 Indian oil corporation remitting subsidy amount of
Rs.435 in to the complainants Indian
Bank account.
4.Ex. B4/Dated 12.02.2014 Receipt for refill booking
5.Ex. B5/Dated 07.03.2014 Refill voucher for Rs 1154
6.Ex. B6/Dated 11.03.2011 Refill voucher for Rs 404
7.Ex. B7/Dated 15.03.2014 Refill voucher for Rs 404
8.Ex. B8/Dated 19.03.2014 Refill voucher for Rs 404
9.Ex. B9/Dated 28.03.2014 Refill voucher for Rs 404
MEMBER - I PRESIDENT MEMBER - II
