DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.
Complaint No. 202
Instituted on: 12.05.2017
Decided on: 23.08.2017
Sanjay Kumar son of Shri Roop Kishore, House No.143, Ward No. 2-B , Janta Nagar, Dhuri.
…Complainant
Versus
1. State Bank of India, Arya Samaj Block, Dhuri, through its Branch Manager.
2. State Bank of India, Zonal Office, Fountain Chowk, Ludhiana through its Zonal Manager.
..Opposite parties.
For the complainant : In person.
For OPs : Shri Vinay Jindal, Adv.
Quorum: Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
Order by : Sukhpal Singh Gill, President.
1. Shri Sanjay Kumar, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant is having a saving bank account number 30596833564 with the Op number 1 since long. Further case of the complainant is that the officials of the Ops requested the complainant to attach his aadhar card with his saving bank account. But, the grievance of the complainant is that the OPs wrongly attached his aadhar card with another bank account, as a result of which he could not receive the due subsidy on booking of the LPG gas as per the scheme of the government. Further case of the complainant is that though he lodged the complaints with the Ops, but the same was not corrected and in the result, the complainant could not receive the subsidy amount to the tune of Rs.1108/-. Further case of the complainant is that he requested the Ops so many times for refund of the said amount of Rs.1108/-, but all in vain. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to link the aadhar card with the account of the complainant and further to pay the subsidy amount of Rs.1108/- and further claimed compensation and litigation expenses.
2. In reply of the complaint filed by OPs, preliminary objections are taken up on the grounds that the complaint is not maintainable, that the complainant has no cause of action to file the present complaint, that the complainant has not come to the Forum with clean hands and that this Forum has got no jurisdiction to hear and try the present complaint. On merits, it is admitted that the OPs requested the complainant to attach his aadhar card as per the rules and regulations of the RBI and Central Govt. But, the complainant never gave his Adhaar card to the officials of the OPs to attach with his bank account, as such any deficiency in service on the part of the Ops has been denied. It is further averred that it is not the duty of the OPs to attach the aadhar card with the number and non receipt of subsidy by the complainant is no fault at the end of the OPs. Lastly, the OPs have prayed for dismissal of the complaint with special costs.
3. The complainant has also filed rejoinder whereby denying the allegations of the Ops taken in the written reply and has further reiterated his stand in the complaint.
4. The learned counsel for the complainant has produced Ex.C-1 to Ex.C-5 copies of the documents and affidavits and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OP-1 affidavit and Ex.OP-2 copy of account statement and closed evidence.
5. We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.
6. It is an admitted fact between the parties that the complainant is having a saving bank account bearing number 30586833564 with the OP number 1 as stated in the complaint. It is also an admitted fact of the Ops that the complainant was requested to provide the aadhar card number, so that the same be attached with the saving bank account and further to receive the subsidy etc. In the present case, the grievance of the complainant is that though he submitted the aadhar card number to the complainant for attachment with his saving bank account, but the OPs wrongly attached the same and due to that he could not receive the subsidy provided on the gas supply by the Central Govt. On the other hand, the learned counsel for the Ops has contended vehemently that the LPG gas subsidy is being regularly credited in his account and further to support this contention the learned counsel for the OPs has drawn our attention towards the copy of bank account statement Ex.OP-2, which show that the gas subsidy was credited regularly upto 5.1.2017, but thereafter no subsidy has been credited which is to the tune of Rs.1108/-. There is no explanation from the side of the OPs that how the aadhar card link was delinked from the saving bank account of the complainant, when the same was I link earlier with the account of the complainant. In the circumstances, we find it to be a clear cut case of deficiency on the part of the OP number 1 by delinking the aadhar card from the account of the complainant and due to that the complainant has suffered financial loss/assistance provided by the Central Government to the LPG consumers. As such, we feel that ends of justice would be met if the Ops are directed to credit the due amount i.e. Rs.1108/- of LPG subsidy to the account of the complainant.
7. Accordingly, in view of our above discussion, we allow the complaint and direct the Ops to link the aadhar card number with the saving bank account of the complainant with the OP number 1 and further to credit an amount of Rs.1108/- in the saving bank account of the complainant. We also direct OPs to pay to the complainant an amount of Rs.1000/- on account of litigation expenses. This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.
Pronounced.
August 23, 2017.
(Sukhpal Singh Gill)
President
(Sarita Garg)
Member
(Vinod Kumar Gulati)
Member
