By. Sri Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay subsidy for the gas availed on 08.09.2013 and 30.11.2013 by the complainant and also to pay Rs.5,000/- as compensation for the deficiency of service from the part of opposite parties.
2. Brief of the complaint:- The complainant took gas connection from opposite party No.2 at Pulpally Agency and thereafter changed the residence to Meenangadi and connection to Sulthan Bathery. The complainant have done all requirements to get subsidy before 11 months from the date of filing of complaint. But the complainant did not get the subsidy even after repeated enquiry. When the complainant approached the Bank, the Bank officials told the complainant to come after one week because some mistake is happened from their side. When enquired on 30.12.2013, the Bank officials told the complainant that the complainant will get subsidy from December 2013 onwards. The complainant did not get subsidy so far. Aggrieved by the, the complaint is filed.
3. On receipt of complaint, notices were issued to opposite parties and opposite party No.1 and 2 appeared before the Forum and filed version. In the version of opposite party No.1, they stated that the complainant have an SB Account in the Bank in the address at Padinjarathara. The complainant have to link the Aadhar number with the Bank Account. The complainant gave the Aadhar number on 13.12.2013 and linked to Bank Account on that date. The averment that the complainant had given aadhar number in the bank 11 months earlier is false. All other allegations are denied by opposite party No.1 Regarding gas subsidy, the opposite party have no direct relationship. The subsidy is given to the customers by the gas company. There is no deficiency of service from the part of opposite party No.1.
4. In the version, opposite party No.2 contended that the complainant did not give relevant documents to the opposite party No.2, 11 months prior to the filing of complaint. No date of submission of document is stated by the complainant. On 08.09.2011, no gas subsidy through Bank account is implemented by the company. The complainant gave the Aadhar number to opposite party No.2 on 29.05.2013 only. The complainant is entitled to get subsidy only after 14.12.2013 onwards. All other allegations are denied by opposite party No.2.
5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 and A2. The opposite party also filed proof affidavit and is examined as OPW1. Opposite party No.2 not adduced any oral evidence. Ext.A1 is the Gas bill dated 30.11.2013. On perusal of evidences, it is found that the specific contention of complainant is that the complainant had given all relevant documents to the opposite parties 11 months prior to the filing of the complaint. The 1st opposite party stated that the complainant gave the Aadhar number on 13.12.2013 only and the opposite party No.1 linked the Aadhar with Bank Account. Opposite party No.2 contented that the complainant gave Aadhar number to opposite party No.2 on 29.05.2013 only. The complainant did not produce any evidence to show that he had approached the opposite parties on 11 months prior to the filing of the complaint. If the complainant filed any evidences with regard to it, it will be helpful to the Forum to attribute negligence on the part of opposite parties. The case of complainant is that there is negligence from the part of opposite parties in giving gas subsidy to the complainant. But the complainant failed to produce cogent and convincing evidence to prove his case. So the Forum is of the opinion that there is no negligence is proved by the complainant against the opposite parties in this case. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the complainant, he is not entitled to get cost and compensation.
In the result, the complaint is dismissed. No Order as to costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of July 2015.
Date of Filing:03.01.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Soopi. Complainant.
Witness for the Opposite Parties:-
OPW1. J. Anilkumar. Manager, Canara Bank, Padinjarathara.
Exhibits for the complainant:
A1. Gas Bill. Dt:08.09.2013.
A2. Gas Bill.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
