ORDER BY HON’BLE MEMBER: MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite party to provide Gas connection along with cylinders which has been sponsored by Govt. of India to the complainant under Ujala Scheme”.
The brief fact of the case is that the complainant Smt. Urmila Barik is a rural lady of village Baulapur which comes under jurisdiction of this Commission. The complainant for her daily household work applied for a LPG cooking Gas under Ujala Scheme. She applied for gas connection vide No.005132084 on 28.02.2018 in the opposite party office. After application opposite party gave her a slip in which Consumer number is 90153681 vide SV No.4093083554 on same day i.e. 28.02 2018. During the Covid-19 pandemic, the Government of India declared that the Ujala beneficiaries have got three gas cylinders in free of cost listening to this complainant went to the opposite party office and asked about the three free gases but the opposite party dined to provide this to the complainant. On 30.6.2020 complainant sent a pleader notice to the opposite party regarding this but the opposite party did not give any reply, hence this complaint
Notice was issued to opposite party on 04.11.2020 In spite of Notice the opposite party never responded and was set ex-parte vide order No.19 dated 25.4.2022 as the notice was sent in the correct address with postage prepaid for which notice was deemed to have been sufficient on the opposite party as the opposite party preferred not to appear he was set ex-parte and the commission proceeded to dispose off the case.
The complainant prays for availing the three free LPG gases which has to be paid during Covid-19 pandemic situation by Government of India. The consumer protection Act, 2019 section (7) consumer means any person who: (i)“buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of differed payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.”
As the complainant is complaint free gas service of the opposite party, there is no consideration for the gas, so the complainant is not coming under “consumer” as per Consumer Protection Act., 2019. With aforesaid observation the complaint petition is dismissed without any cost.
Pronounced in the open Commission on this 24th Feb.,2023.
