CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 25th day of July 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 17/12/2013
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
CC/211/2013
Sunanda P.T,
W/o. Sundararajan. K.N,
Kollathuvalappil “Ushas”,
Vadakkumuri P.O,Pattambi, : Complainant
Palakkad – 670 303
(Party in Person)
Vs
1.The Proprietor,
Sree Narayana Gas Agency, Indane,
Anugraha complex,Thenkkumuri,
Pattambi, Palakkad.
(By Adv. K. Haridas)
2.The Manager, Federal Bank,
Pattambi Branch, : Opposite parties
P.O. Pattambi.
(By Adv. T.V. Pradeesh)
3.The Taluk Supply Officer,
Civil Supply Office,
Ottapalam.
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the complaint:- The complainant has taken a gas connection from Opposite Party No.1 with Consumer No.16375. Firstly the complainant linked her Aadhaar card with Canara Bank Pattambi Branch and Opposite party No. 1. On 11-9-2013 she had obtained subsidy of Rs. 435/- through Canara Bank Pattambi Branch. Subsequently she closed her account at Canara Bank Pattambi Branch .Then she linked her Aadhaar number with Federal Bank Pattambi Branch and this fact informed to the Opposite Party No.1. After 20-9-2013 she did not get any subsidy from the opposite parties till this date. She had purchased gas cylinder on 20-9-2013 for Rs. 980/-, on 5-11-2013 for Rs. 1,000/- and on 5-12-2013 for Rs. 1,085/-. Due to the act of opposite parties complainant has sustained mental and physical agony. Complainant submitted that the act of the opposite parties amounts deficiency in service. Complainant prays to get subsidy of these three cylinders and compensation of Rs. 10,000/- (Rupees Ten Thousand only) for mental agony with interest.
Complaint was admitted and notice issued for appearance of opposite parties. Opposite parties entered appearance and filed their version.
Opposite party No.1 admitted that the complainant has gas connection with this opposite party and her consumer number is linked with Federal bank account and Aadhaar number. They further submitted that as per the government order and direction, this opposite party is authorized only to sell the gas cylinder as per the original price to all consumers. Government of India is the authority to disburse the subsidy amount to the customers through their accounts. This opposite party has nothing to do with the disbursement of the subsidy amount in the account of the complainant after the same is linked with Aadhaar number.
Opposite party No. 2 admitted that complainant has account with Opposite Party No.2 bank and Aadhaar number is linked with the account. They further submitted that the subsidy is remitted by Government of India to the account in Canara Bank Pattambi Branch to which the Aadhaar number is already linked. Subsequently she closed her account and thereby the account is deactivated. This opposite party is not responsible for not remitting the subsidy to the account of complainant. Hence Opposite party is not liable to pay the compensation to the complainant.
Opposite party No.3 also submitted that the subsidy is issued by the Central Government to the consumer. Hence Opposite party No.3 is not liable to pay compensation to the complainant.
Complainant and opposite parties 1 and 2 filed their chief affidavit. Ext. A1 to Ext. A10 marked from the side of Complainant.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite parties?
2. If so, what is the relief and cost?
ISSUES 1 & 2
We have perused the document on records. Opposite part No. 1 submitted and admitted that complainant has gas connection with Opposite Party No.1 and they linked the Aadhaar number with Federal Bank Account . Opposite parties No. 2 and 3 submitted that the Government of India is the only authority to transfer subsidy to the customers through their account. They have no liability to give subsidy. But Government of India is not a party to the complaint. Complainant has not taken any steps to implead the Government of India in the party array. Hence the complaint is bad for no jointer of necessary party.
In view of the above discussions, we are of the opinion that complaint is bad for no jointer of necessary party. Hence the complaint is dismissed without cost.
Pronounced in the open court on this the 25th day of July 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma. K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - copy of Ration Card No. 1948180937
Ext.A2 - Copy of Aadhaar No. 4100 1686 8806
Ext.A3 - Canara Bank Pass Book No. 0853101064103
Ext.A4 - Copy of Fedaral Bank Pass Book No.14120100096130
Ext.A5 - Copy of Gas Book No. 150846
Ext.A6 -Notice sent by 1st opposite party to complainant dated 16-5-2012
Ext.A7 Series - Refill Voucher Bill No. 3000083919 dated 05/12/2013,3000063936dated
04/11/2013( Original) and 3000150688 dated 06/03/2014 (Photo copy)
Ext.A8 - Letter sent by the complainant to Indian Oil Corporation Area Office Kozhikode
Ext.A9 - Certificate for the persons with Disabilities of Sundara Rajan . K.N dated 4/10/2010
Ext.A10 - Refill Voucher Bill No. 3000150688 dated 06/03/2014
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Nil
