THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/154/2016

 Date of Filing:            08.11.16                                     Date of Final Order: 26.12.18

Complainant:  Abdul Lahil Baqui

Vill&PO-Hareknagar,

PS-Beldanga,

Dist-Murshidabad,

Pin-742133

-Vs-

Opposite Party: The Manager/Secretary,

Beldanga Consumer’s Co-Operative Stores Ltd.

Near Netaji Park, PO&PS-Beldanga,

Dist-Murshidabad,

 Pin-742133

Agent/Advocate for the Complainant           : In person

Agent/Advocate for the Opposite Party: Sri. Subhransu Chaudhuri

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

                                         Smt. Aloka Bandyopadhyay……………………..Member.

                                     FINAL ORDER

Mrs.Aloka Bandyopadhyay,Member.

This is a complaint under section 12 of the CP Act, 1986.

One Abdul Lahil Baqui (here in after referred to as the Complainant) filed the case against The Manager/Secretary, Beldanga Consumer’s Co-Operative Stores Ltd. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.

The brief face of this case is as such:-

            The Complainant transferred his previous Bharat gas connection to H.P Gas at Beldanga H.P Gas Distributor, Beldanga Consumer’s Co-Operative Stores Ltd in the month of April,2016. For getting the subsidy on domestic LPG, the Complainant submitted DBTL related necessary documents to the distributor on 07.04.16. On 23.04.16, the Complainant received two refilled cylinder but no subsidy has been credited in his Bank Account. Later on the Complainant received four refilled cylinder along with subsidy. But no subsidy has been credited in the Bank account of the Complainant for the said two refilled cylinder supplied on  23.04.16 by the distributor. After lodging complaint before the Customer Care Services on 03.08.16, the Complainant came to know that the distributor has duped him by delivering non-subsidized cylinder on 23.04.16. The Complainant also filed complaint to CCS and also before the Assistant Director, Consumer Affairs and Fair Business Practice, Murshidabad but no settlement has been resulted.

Finding no other alternative, the Complainant filed the case before this Forum for appropriate relief.

            OP after receiving the notice did not turn up to controvert the plea of the Complainant so the case preceded ex-parte against the OP.

Now the question arises whether the Complainant is entitled to get relief, as prayed for?

Decision with reason

            Undoubtedly, the Complainant transferred his Bharat gas connection to HP gas connection at Beldanga HP Gas Distributor, Beldanga Consumer’s Co-Operative Stores Ltd for getting subsidy of domestic LPG,  after observing due formalities. As per the petition of complaint, the Complainant received two refilled gas cylinder on 23.04.16 but without any subsidy, Complainant visited the office of the distributor many a time to get the due subsidy but all went in vain. On perusal of the record and considering the argument advanced by the Complainant, we find that the claim of the Complainant is justified and his evidence is ex-parte and it has not been challenged.

            In view of the fact stated above there is alternative but to accept the plea of the Complainant. Considering the deficiency in service on the part of the OP/Distributor (HP gas distributor) by not taking steps for providing subsidy amount in the Bank account of the complainant for two cylinders supplied  on 23..04.16 to till date as per their rules. So we are of the opinion that the Complainant is entitled to get the subsidy amount from the govt. if the complainant opted  for subsidy at the time of getting gas connection from the o.p.

Reasons for delay

The Case was filed on 08.11.16 and admitted on 11.11.16. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day order.

In the result, the Consumer case succeeds.

            Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/154/2016 be and the same is hereby allowed on ex-parte against the OP without cost.

  The OP is directed to take steps to forward the claim of subsidy to the Appropriate Authority  with a request to pay the subsidy amount of the said two cylinder as per rules within 30 days from the date of this order so that the Complainant may get  the subsidy amount from the govt, if the complainant opted  for subsidy at the time of getting gas connection from the  O.P.

.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

confonet.nic.in

Dictated & corrected by me.

        Member                                                                                              President.