Order No. 06

Date : 30.01.2019

The Appeal is taken up for hearing.

Both parties are present through their Ld. Lawyers.

Heard both sides. Considered.

The instant Appeal is directed against the impugned order dated 28.08.2018 passed by the Hon’ble D.C.D.R.F., Purulia in CC/31/2018. In filing the appeal, it is alleged that the Ld. Forum erred in passing the impugned order without considering and or awarding the actual compensation suffered by the appellant for his mental agony. It is also alleged that the Ld. Forum below has passed the order without appreciating the negligence on the part of the OPs.

It is stated that Ld. Forum has awarded a meagre amount of compensation without appreciating the materials on record.

It alleged that the amount of compensation is far less, considering the gravity of the case and the high degree of deficiency of service of the OPs.

Before we decide over the merit of the appeal let us take a glance to the case of the complainant.

The case of the complainant in nut shell, is that the complainant is a LPG consumer and gets subsidy in his bank account being no. 2528 at United Bank of India, Kashipure, Branch and received gas subsidy till 14.10.2016.

The complainant found that he was not getting subsidy in the aforesaid account for three consecutive dates i.e. 18.02.2017, 5/5/2017 and 12/07/2017. It is also the case of the complainant that the complainant has one another bank account at SBI Kashipur, Branch being SBI A/c No. 6212. The complainant on enquiry came to know that the subsidy amount for three months was deposited in SBI A/c No.  1953 at SBI Kashmipur, Branch in the name of one Biswanath Modak. The complainant by letter dated 19/09/2017 intimated the matter to the United Bank of India Kashipur, Branch requesting them to give three consecutive subsidies as stated earlier with copy to Balaji Indane (OP3) for redressal. OP1 credited the subsidy in the SBI A/c of complainant being A/c No. 6212 at SBI Kashipur, Branch since the month of September 2017. It is alleged that OP1 SBI Kashipur, deposited the subsidy amount for three months in SBI A/c No. 1953 which is standing in the name of Biswanath Modak instead of SBI Account of complainant. It is alleged that complainant has suffered a lot for not getting the LPG subsidy for three months. His Adhar Card is linked with his Account on S.B.I.  and also, with U.B.I. The complainant filed the case for compensation of Rs. 50,000/- along with other reliefs.

OP1 and OP2 did not contest the case in Lower Court.

OP3 filed written version in the Ld. Forum below stating that complainant is LPG consumer and used to get LPG subsidy through United Bank of India Kashipur, Branch and his Adhar No. was also linked in the Bank Account of the complainant. The Complainant also submitted his Adhar No. in SBI Kashipur Branch in A/c No. 6212 and A/c No. 1953 in the name of Biswanath Modak was linked with Adhar of the complainant. One Biswanath Modak received the subsidy of the complainant in his A/c No. of 1953 instead of the complainant.

OP3 had nothing to do over this matter and OP3 rightly entered the Adhar No of the complainant and used to supply LPG Gas to the complainant. OP3 prayed for the dismissal of the case against it.

Ld. Forum below held the trial.

Ld. Forum below in the impugned judgement allowed the case ex-parte against OP1 with litigation cost of Rs. 5,000/- and directed to pay LPG subsidy amount of Rs. 586.45 in the A/c of complainant and also awarded compensation of Rs. 500/- to the complainant for mental pain and agony.

Complainant being aggrieved by and dissatisfied with the impugned order dated 28/07/2018 passed by the Ld. D.C.D.R.F., Purulia in CC/31/2018 has preferred the instant appeal on the grounds as stated   earlier.

We gather from documents on record that the appellant is a consumer of OP1, having saving account being No. 6212. The Adhar No. of complainant – appellant was erroneously linked to another saving bank account of Mr. Biswanath Modak and for that reason subsidy of gas was transferred to the Account of Mr. Biswanath Modak for three consecutive dates i.e. (i) 02/02/2017 of Rs. 250.20, (ii) 06/05/2017 of 219.28 and (iii) 14/07/2017 of Rs. 117.01 respectively.

Ld. Lawyer appearing for the OP1 during the course of argument filed statement of Accounts showing that the Adhar No. of the complainant was rectified and the subsidy of the appellant was credited correctly in his saving Bank Account. It appears from the Statement of the Accounts that the said amount of money totalling Rs. 586.45 was credited to the Saving Account of the appellant.

So, it appears, that OP1 rectified the mistake and credited the subsidy amount of Rs. 586.44 to the saving Account of the appellant. We however, observe that credit subsidy was made on 29/01/2019.

We do not think that appellant has suffered any loss of money as such. Moreover, we think that the said amount as subsidy is given by the government.

The appellant has not suffered any loss from his pocket. The point is, he could not get the subsidy in time for erroneous link of Adhar No to the saving account of one Biswanath Modak .

However, the Adhar No. was rectified and thereafter the subsidy of the appellant was credited correctly in his saving Bank Account.

We find that the Ld. Court below also awarded litigation cost and compensation to the complainant as such, against OP1.

We do not find any illegality, irregularity or impropriety in the impugned judgement passed by the Ld. Court below. The amount of compensation as we know should be considered in view of the actual loss suffered by a consumer or in view of mental agony or pain borne by the customer.

It is difficult to appreciate what mental pain or agony is borne by the complainant-appellant. No loss is also suffered by the complainant-appellant. We are afraid we find nothing to interfere with the impugned order passed by the Hon’ble Forum below.

Subsidy as we know is one kind of ex-gratia and no investment or consideration is paid by the complainant. The appellant as such cannot expect high amount of compensation. The amount involved in the case is Rs. 586.45, moreover, the grievance of the appellant is also redressed and nothing is left more.

We do not find any irregularity, illegality or impropriety in the judgement passed by the Ld. D.C.D.R.F. below.

In result, the appeal merits no success.

Hence,

                                                              Ordered

The instant Appeal being No. A/15/2018 is dismissed on contest.

The judgement passed by the Hon’ble Forum below in CC/31/2018 is upheld.

OP No. 1, however, is to comply the order of the Hon’ble D.C.D.R.F., Purulia as regards litigation cost and compensation.