By Sri. Chandran Alachery, Member:-

The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an order directing the Opposite Parties to pay Rs.2,267/- towards the eligible Gas subsidy to the Complainant along with a compensation of Rs.25,000/- to the Complainant.

2. The complainant's case in brief as follows:- The Complainant availed a gas connection from Bharath Gas Cheriyathottam Agency, Kalpetta on 08.02.2000. Thereafter, the Complainant got 3 cylinders for his domestic use from the agency. The Complainant got Aadhaar Card wide No.471568675911 and in order to get gas subsidy, the Complainant linked the Aadhaar with State Bank of Travancore, Kottappady Branch in which the Complainant had account on 04.06.2013. The Complainant is eligible for 3 gas subsidies but he did not get the subsidy. When he enquired about this, the Gas Agency informed the Complainant that the Aadhaar Card is not so far linked with Bank account.

When the Complainant enquired about this in the Bank, the Bank officials informed the Complainant that the Aadhaar is already linked with Bank account on 05.06.2013. The Complainant visited the Bank on 07.02.2014 to get the print of Aadhaar linked account, the Bank officials informed that the last figure of Aadhaar number is omitted to be feeded in computer and it is mistake from the part of Bank Officials and it is cured in the presence complainant on 07.02.2014 and printout is given. The Bank Manager insulted the complainant by ultering indecent words. So according to the Complainant, there is deficiency of service from the part of Opposite Parties and aggrieved by this, the complaint has been filed.

3. On receipt of the complaint, notices were issued to the Opposite Parties and Opposite Parties appeared before the Forum and filed versions. In the version of 1^st Opposite party, 1^st Opposite party contended that the Complaint is not maintainable either by law or on facts. 1^st Opposite Party admits that the Complainant is an account holder of the 1^st Opposite Party's Bank and it is not correct that the Complainant had produced his Aadhaar card on 04.06.2013 and it is not correct that the bank has informed the Complainant that his Aadhaar card is linked with his account on 05.06.2013. The Complainant produced his Aadhaar card only on 06.02.2014 and it is linked on 07.02.2014. More over Petroleum Company is not impleaded in the case and there is non-joinder of necessary parties. There is no deficiency of service from the part of 1^st Opposite Party. Opposite Party No.2 filed version stating that 2^nd Opposite Party is only an agent of Bharat Petroleum Corporation Ltd., The only duty of 2^nd Opposite Party is to supply cylinder to the customers and the subsidy is to be remitted by the company directly to the customers. The non remittance of subsidy amount is only due to the delay in

non linking of Aadhaar with bank account. It is mistake on the part of Complainant for which the 2^nd Opposite Parties are not liable.

4. On going through the complaint, version documents the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the side of Opposite Parties?

2. What order as to cost and compensation?

5. Point No.1:- In addition to complaint, the Complainant produced proof affidavit and Complainant is examined as PW1 and Ext.A1 series and Ext.A2 are marked. Ext.A1 series are the photocopy of 1^st Page of gas book, Saving Bank Account Pass Book copy, Aadhaar Card copy, Ext.A2 is marked with objection. Ext.A2 is the copy of application submitted by the Complainant to the Bank. 1^st and 2^nd Opposite Parties filed version and 1^st Opposite Party cross examined the Complainant. 1^st and 2^nd Opposite Parties not adduced any oral evidence. In the cross examination of PW1 by 1^st Opposite Party, nothing is brought out against the Complainant. Opposite Parties have no dispute with regard to the eligibility of subsidy amount to the Complainant, but Opposite Parties state that it is due to the mistake of Complainant himself that the subsidy amount is not availed to him. But in Ext.A2 document, it is seen that the Complainant submitted his Aadhaar Card in the State Bank of Travancore Branch on 04.06.2013 and Bank informed the Complainant that the Aadhaar is linked on 05.06.2013. So on perusal of Ext.A2 the Forum found that the Complainant approached the bank for linking Aadhaar on 04.06.2013. But it was not linked on 04.06.2013. There is no doubt that the Complainant is entitled for the subsidy amount. There is nothing to disbelieve the case of Complainant. On going through the evidences, the Forum found that there is latches from the part of Opposite Party No.1 in performing their services properly. Mistake in feeding Aadhaar number with Bank account is the real reason for the non-availing of subsidy to the Complainant. The Forum could not find any mistake with the Complainant and there is nothing to disbelieve his case. It is not due to the fault of Bharat Petroleum Corporation Ltd., the subsidy is delayed and not supplied. It is due to the mistake of Opposite Party No.1 the delay is caused. Hence Bharat Petroleum Corporation Ltd., need not be impleaded as party in this case. So the Forum found that there is deficiency of service from the part of Opposite Party No.1 in dealing the matter. Opposite Party No.2 is not responsible for the non linking of Aadhaar card of Complainant with his bank account. So there is no deficiency of service from the part of Opposite Party No.2. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get the cost and compensation.

In the result, the complaint is partly allowed and the Opposite party No.1 is directed to pay Rs.2,267/- (Rupees Two thousand Two hundred and Sixty Seven) only being the eligible subsidy amount to the Complainant along with Rs.500/- (Rupees Five hundred) only as cost of the proceedings and Rs.500/- (Rupees Five hundred) only as compensation to the Complainant. Opposite Party No.1 is directed to pay the above mentioned amounts to the Complainant within 30 days of the receipt of this order.

Dictated to the C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 2^nd day of July 2014.

Date of filing: 14.02.2014.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True copy/

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

PW1. Issac Complainant.

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1.Series (a) Copy of Gas Book (1^st Page)

A1 series (b) Copy of Bank Pass Book (1^st Page).

A1 series © Copy of Aadhaar Card.

A2. Copy of Submission. dt: 07.02.2014.

Exhibit for the Opposite Party:

Nil.