FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application U/s.12 of the C.P. Act, 1986.
Brief facts of the case are that Complainant obtained a Indane LPG connection from OP-2 Karco Distributors against deposit of security amount of Rs.1,600/-. She furnished her bank details to the OP-1 Indian Oil Corporation Ltd. for crediting subsidy in her S.B. Account (SBI Tangra Branch). No subsidy amount is credited to her S.B. Account for the period from 03.06.2017 to 01.10.2018. Complainant has alleged that despite letter dated 02.02.2019 the OP-1 has failed to meet her grievance and subsequently subsidy amount was credited to his another S.B. Account No. 404910110007870 (Bank of India Debendra Chandra Dey Road Branch, Kolkata – 700 015). Mediation under the purview of Consumer Protection Act, 1986 failed. Finding no other way out, the Complainant filed the present Consumer Complaint.
OPs despite service of notice of the complaint have failed to file Written Version within the limitation provided Under Section 13(2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing W.V is made. Therefore, right of the OPs to file Written Version is closed vide proceedings dated 08.02.2021.
Complainant has filed her evidence by way of affidavit supporting the allegations made in the complaint. Complainant has taken us through the Consumer Complaint as also evidence adduced in support of the complaint.
On perusal of the photocopies of the documents annexed with Consumer Complaint issued by OP-2 Karco Distributors it is clear that the Complainant obtained a Indane LPG connection on deposit of Rs.1,600/- against Consumer No.7033570037. Complainant has categorically alleged in the complaint that despite furnishing Bank details the OP-1 IOC Ltd. did not credit subsidy amount in her S.B. Account (S.B.I. Tangra Branch) for the period from 03.06.2017 to 01.10.2018. It is also clear from the statement of accounts of S.B.I, Tangra Branch that no subsidy amount is credited for the period from 03.06.2017 to 01.10.2018 against Consumer No. 7033570037. We have also perused the proceeding dated 26.09.2018 in connection with File No. 51/CICC/18 of Directorate of Consumer Affairs & Fair Business Practices, Kolkata Eastern Suburban Regional Office. The said proceeding goes to show that OP-3 S.B.I, Tangra Branch did not link NPCI of Aadhaar in respect of the account of the Complainant for which no subsidy amount is credited. In order to prove aid allegations, Complainant has filed her affidavit reaffirming the allegations. OPs have failed to controvert the allegations in the complaint by filing Written Version, the allegations in the complaint are deemed to have been admitted as correct. It is well settled that the allegations made deemed to be admitted as correct. Therefore, the complainant has proved deficiency in service. Complainant in her affidavit supported the allegations in the complaint. Thus, in our view, OP-1 IOC Ltd. is liable to release subsidy amount of LPG against Consumer No.7033570037 for the period from 03.06.2017 to 01.10.2018 on proper verification of refill booking from OP-2, if the Aadhaar Number of the complainant mapped at NPCI with her bank account lying at SBI Tangra Branch.
Based on the above discussion, the Complaint is partly allowed with following directions.
1) The OP-1 is directed to calculate subsidy amount against Consumer No.7033570037 for the period from 03.06.2017 to 01.10.2018 and credit such amount to S.B. Account No. 404910110007870 (Bank of India, Debendra Chandra Dey Road Branch, Kolkata – 700 015) of the Complainant within 60 days from today.
2) The OP-2 is directed to supply relevant documents with regard to booking of LPG Refill for the period from 03.06.2017 to 01.10.2018 to the OP-1.
We are not inclined to allow any compensation and litigation cost to the Complainant in view of facts of the case.
With these directions the present Consumer Complaint stands disposed of.
Copy of the Judgment be supplied to the parties as per rules.
