Sri Shyamal Gupta, Member

Challenging the Order dated 04-01-2017 of the Ld. District Forum, Purulia, passed in CC/53/2016, this Appeal is moved by Sri Chandranath Banerjee, the Complainant.  Incidentally, by such order, the instant case was allowed in favour of the Complainant.

A complaint case was filed before the Ld. District Forum by Sri Banerjee to ventilate his anguish over non-receipt of subsidy amount in respect of 3 nos. gas cylinders purchased by him. 

The OP No. 1, i.e., the IOC in its defence, by submitting a WV contended that, in terms of the Circular dated 30-06-2016, issued by the Ministry of Petroleum & Natural Gas, no customer was eligible to receive subsidy amount after 01-10-2016 until Aadhaar details was furnished before the LPG distributor.  This OP denied any wrongdoing or deficiency in service on its part.

The OP No. 3, i.e., Central Bank of India, submitted that it was not at all involved with the case as neither any cause of action arose against it and nor any claim sought for by the Complainant. 

Decision with reasons

Initially all the parties appeared through their respective Ld. Advocates. However, at the time of hearing, only the Ld. Advocate for the Respondent No. 1 was present.  On the other hand, Appellant argued his case personally.  Accordingly, both were heard in course of hearing.  We have also perused the documents on record.

On due consideration of the entire facts and circumstances of the case, it appears to us that the bone of contention between the parties is not at all a consumer dispute. 

It is because, ‘subsidy’ given by the Government is a free financial assistance for which no charges or fees or consideration is paid by the beneficiary of the subsidiary. The element of ‘consideration’, which is imperative to become a consumer, being missing here, it cannot be treated as a consumer dispute at all.  In this regard, the decision of Hon’ble National Commission in Himachal Weavers Pvt. Ltd. Vs. Himachal Pradesh Financial Corporation & Ors., III (1993) CPJ 267 (NC); Choudhary Ashok Yadav - Vs. - Rewari Central Cooperative Bank & Anr. (RP/4894/2012); Gauri Devangan v. Priyadarshani Gas Agency, 2018 (3) CPR 161 (NC) is worth mentioning. 

Seemingly, the Ld. District Forum went terribly wrong in exercising its jurisdiction properly and passed an order which is not sustainable in law.

Hence,

O R D E R E D

The Appeal stands dismissed against the Respondents without any cost.  The impugned order is hereby set aside.  Consequently, the consumer case bearing no. 53/2016 stands dismissed.  Appellant shall, however, be at liberty to agitate his case before the appropriate Court of Law, if he is desirous of doing so.