By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of Consumer Protection Act for an order directing the Opposite Parties to pay Rs.10,000/- towards compensation for the loss sustained due to the insufficient service of Opposite Parties and to pay Rs.5,000/- towards cost of the proceedings.

2. Brief of the complaint:- The complainant took a gas connection from 1^st Opposite Party on 08.02.2014 with two cylinders. At the time of taking connection, the 1^st Opposite Party informed the Complainant to register Aadhaar for getting gas subsidy. On the very next day, the Complainant approached the Bank ie 2^nd Opposite Party and entrusted all documents for linking Aadhaar with the Bank Account of Complainant. But Complainant did  not get gas subsidy till the date of filing of complaint. The Complainant enquired with Bank officials ie 2^nd Opposite Party and the Bank officials informed him that their side is perfectly done. Likewise 1^st Opposite Party who informed the complainant that their side is correct. At last, when the Complainant approached the 1^st Opposite party, the 1^st Opposite Party informed the Complainant that he will not get subsidy for the 2 cylinders. 1^st Opposite Party informed the complainant about the non availability of subsidy only during the 5^th visit. The Complainant states that he is a coolie worker and he was cheated by the 1^st Opposite Party by receiving Rs.8,600/- from the Complainant for 2 cylinders, Gas stove, Regulator, Lighter and connection wire. The Complainant alleges that 1^st Opposite Party did not give bills for the above items to the Complainant. So the Complainant states that he sustained heavy loss financially as well as mentally due to the deficiency of service of Opposite Parties. Hence this complaint.

3. On receipt of this complaint, notices were issued to the Opposite parties and 1^st Opposite Party appeared the Forum and filed version. 2^nd Opposite Party's notice served on 26.03.2014. But 2^nd Opposite Party did not appear before the Forum and not filed version. Hence 2^nd Opposite Party is set exparte on 05.05.2014. In the version of 1^st Opposite party, the 1^st Opposite Party contents that 1^st Opposite Party gave gas connection to the complainant on 08.02.2014 and rest of the part is to be done by 2^nd Opposite Party. 1^st Opposite Party never stated to the Complainant that he will not get subsidy at all. The 1^st Opposite party again contents that 1^st Opposite Party received Rs.8,600/- towards different heads ie deposit of Rs.3,050/-, refill cost Rs.2,390/-, cost of stove Rs.2,550/-, security tube Rs.190/-, Lighter Rs.180/-, Pass Book Rs.60/-, Installation and service cost Rs.90/-, Stationary Rs.40/- and altogether a sum of Rs.8,550/- is received strictly as per law and not otherwise. Bills are also given to the Complainant for the above sum. The 1^st Opposite Party denies all the other allegations in the complaint. More over, the 1^st Opposite Party states that the 1^st Opposite party, received consumer information port from HPCL as per print out that the Complainant received subsidy on 14.03.2014. Therefore, 1^st Opposite Party contends that there is no deficiency of service from the part of 1^st Opposite Party and the complaint is liable to be dismissed.

4. On going through the complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite Parties?

2. What order as to cost and compensation?

5. Point No.1:- In addition to complaint, the Complainant filed proof affidavit and produced documents. The Complainant is examined as PW1 and documents are marked as Exts.A1 and A2. Ext.A1 is the consumer information portal with respect to the details of complainant's linking of Aadhaar with bank accounts. Ext.A2 is the HP Gas Transparency portal. 1^st Opposite party have no oral evidence and produced document which is marked as Ext.B1. Ext.B1 is the consumer information portal. The complainant in his cross examination admitted that he received the subsidy by crediting in his account in the very next day of filing of complaint. The Complainant also admitted that in Exts.A1 and B1, it is seen that “Bank Aadhaar seeded status with HPCL available”. The Complainant who admitted that after the complaint now also he is getting good service from 1^st Opposite party. The Complainant answered to the court question. Q: Why complaint is proceeded even after getting subsidy and redressal of grievances? The Complainant answered to this question, that the complaint is proceeded due to the delay in getting subsidy. On perusal of Exts.A1, A2 and B1, the Forum found that 1^st Opposite party had done their part by entering the Aadhaar details with Complainant's Gas connection on 08.02.2014 itself. But the Bank have linked the Aadhaar in the Complainant's account only on 05.03.2014. The Complainant specifically stated that after getting connection on 08.02.2014, on the very next day he went to 2^nd Opposite Party's Bank and furnished all the details of Aadhaar for linking in his account but the 2^nd opposite party had responded to it only on 05.03.2014. There is a delay of 24 days in linking the Aadhaar in the account of Complainant which caused delay in getting subsidy. This delay is the reason for the filing of this complaint also. The Complainant and 1^st Opposite Party are dragged to the count due to the deficiency of service of 2^nd Opposite Party. If 2^nd Opposite Party had any contrary version for the delay, 2^nd Opposite Party could have very well appear before the court and contest the case. But 2^nd Opposite Party did not appear at all in this case and remained exparte. So the Forum very well came to a conclusion that there is sheer negligence and deficiency of service from the part of 2^nd Opposite Party. The Forum found that there is no deficiency of service from

the part of 1^st Opposite party. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get the cost and compensation.

In the result, complaint is partly allowed and 2^nd Opposite party is directed to pay Rs.2,000/- (Rupees Two thousand) only as compensation to the Complainant for the mental agony and financial loss sustained to the Complainant and also directed to pay Rs.500/- (Rupees Five hundred) only towards the cost of the proceedings. 2^nd Opposite party shall comply the order within one month from the date of receipt of this order failing which the Complainant is entitled to get 12% interest thereafter.

Dictated to the C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 29^th day of August 2014.

Date of filing:14.03.2014.

PRESIDENT: Sd/- MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

PW1. Xavier P. A Complainant.

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Consumer Information Portal.

A2. HP Gas Transparency Portal.

Exhibit for the Opposite Party:

B1. Copy of Consumer Information Portal.