SMT. RAVI SUSHA  : PRESIDENT

    Complainant  filed this complaint U/S 12 of the Consumer Protection Act 1986  against opposite parties seeking to get an order directing  the OPs to give subsidy amount to him for the  two cylinders besides compensation of Rs.2500/- towards physical strain and mental agony along with Rs.1000/-  as cost to the proceedings  of this complaint alleging deficiency in service  and unfair trade practice on the part  of opposite parties.

   The facts in brief of complaint are that the complainant   is a consumer of LPG gas since 1996.  When complainant transferred his residence to Kannapuram on 5/4/2017, he took  connection with two cylinders from the Ops.  As per the government order  have to pay  full amount including the subsidy  amount.  So the complainant had given aadhaar and bank details  to op but subsidy amount not yet accounted in his bank account, complainant submitted that  it is the duty of the LPG agency to link properly and to make sure that the subsidy is getting to the consumer’s bank account. After months complainant approached  the agency, they told  the subsidy won’t  get for the first purchase.  On January 4^th 2018, there was an adalath at Kannur Collectrate presided  by the District Collector.  There the Indian oil corporation was represented by one Chitra,  she didn’t  tell, that the subsidy will not get for the first time purchase after the transfer  registration. After that she replied the same answer that the agency told-after the re-registration, for the first purchase not eligible for subsidy.  But she couldn’t  give any government order related it that she gave messages that the subsidy is paid by the government not agency.  But  the government will not give subsidy without proper intimation, it is the duty of the  agency to make sure that the subsidy is getting to the consumer’s bank account.  Hence the complaint.

   After receiving notice from this commission Ops entered appearance through counsels and filed separate  versions.  1^st OP filed version denies that  the duty of the LPG agency to make sure that the consumer is getting subsidy  and allegation  that  the government  had not restricted  subsidy for the first purchase and non getting of subsidy to the complainant is due to the fault of the OP so the complainant lost his subsidy and  he entitled to get compensation and cost of proceedings etc as absolutely false.  The 1^st Op submits that the complainant had approached him for availing a new connection on 5/4/2017 with necessary documents like aadhar card, address proof, transfer voucher, account details, and  filled KYC form contains personal details, address for LPG connection  and other relevant details.  The OP uploaded the KYC form vide No.SVTSVNo.100000572144029 dtd.5/4/2017 and allotted new customer No. and ID Nos. 7000000050003975 & 7050003975 respectively.  The 1^st OP further submits that usually on the up loading date, the aadhar number of customer is not linked with  his customer ID, it takes 2 or 3 days, this is the usual procedure.  This happened in the case of the complainant also. The records maintained in the Ops’ firm would establish this fact.  According to 1^st OP  he has supplied 2 cylinders to the complainant on the same day ie 5/4/2017 by receiving the rate fixed by the government and was no delay in delivering  cylinders.  The giving of subsidy and other things are related to aadhar and bank  account  of the  complainant.  The OP is not in any way connected with the same. There is no deficiency of service on his part. The complainant has not sustained any loss or mental  agony. Hence prayed for the dismissal of this complaint

    2^nd OP admits that the complaint had taken  delivery of gas on 4/5/2017, ie on the same date of booking.  The complainant is entitled for subsidy only after linking of their aadhar number with the distributor as well as with the bank.  The complainant’s aadhar  was linked  only on 6/5/2019 and hence the first refill is marked as DBTLDNSC where customer will not receive subsidy.  2^nd OP further submits that  the compensation claimed against  him is without any basis and no action or inaction is there from their  side  and the complainant is not entitled to get any relief.  Hence prays to dismiss of the case with cost.

   Evidence in this case consists of chief affidavit of complainant in lieu of his evidence.  Complainant was examined as PW1 and Exts.A1  LPG pass book and Ext.A2 copy of application submitted before 1^st OP were marked on complainant’s side.  PW1 was cross-examined for Ops 1&2.  During cross-examination for 1^st OP, Ext.B1 copy of KYC form and copy of  receipt were marked as Ext.B2 through PW1.  After that complainant and the learned counsel of  1^st OP filed written argument notes.

   The case of complainant is that after transferring the residence of complainant to Kannapuram he took two gas cylinders from 1^st OP and paid full amount including subsidy amount.  But due to deficiency in service on the part of 1^st OP, the LPG agency, he could not get the subsidy amount for two gas  cylinders for the first time as he is eligible to get  from the  government.

   On the other hand 1^st  OP contended that the non getting of subsidy to the  complainant for the 1^st purchase of 2 cylinders is not due to the fault of 1^st  OP.  According to 1st OP, disbursing of subsidy is not in any way connected with the agency.  They have uploaded the KYC form contains all the personal details on the same day as the complainant applied for getting two gas cylinders.  1^st OP explains that usually on the uploading date, the Aadhar number of a customer is not linked with  his customer ID.  It will take 2 or 3 days.  This is happened in the case of the  complainant also.  According to 1^st OP there is no deficiency in service on their part.

   2^nd OP IOC contended that customer  is entitled to get subsidy only after linking  of their aadhar number with the distributor as well as with the bank.  Further stated that in the present case complainant’s aadhar number was linked only on 6/5/2019 and hence the first refill is marked as DBTLDNSC where customer will not receive subsidy.  So according to 2^nd OP  there is no deficiency in service on their part.

   Here the question to be decided is 1. Whether there is deficiency in service on the part of any of the opposite parties?

2 If so what relief can be given to the complainant?

   In this case there is no dispute that complainant is the customer of LPG gas and he has applied for fresh gas connection for two gas  cylinders on 5/4/2017 to 1^st OP as  LPG agency and the two cylinders were delivered on the same day by 1^st OP.  It is also an admitted fact that complainant had submitted the aadhar and bank details  and also paid full amount including the subsidy  amount to 1^st OP.  Further  there is no  dispute that complainant failed to get the subsidy amount of  two gas cylinders for the first time purchase after the transfer  registration.

   Complainant alleged that due to the non receival of subsidy amount, when he approached 1^st OP, they told , complainant won’t get for the first purchase.  But the Ops did not raise such a contention  in the version and at the evidence time.

   During cross examination of PW1 by 2^nd OP, complainant deposed that he has no allegation and need not  want any relief from 2^nd  OP.  1^st OP during  cross-examination of PW1 put allegation that the complainant did not  fill his aadhar number and bank details in the KYC form.  The complainant answered that “ BbXnte¡pÅ   space   CÃ .”  On perusal of Ext.B1 KYC form of complainant also shows that there is no space or column to be filled aadhar number and bank details.  Here 1^st OP has no case that the complainant did not submit his aadhar number and bank details before them  at the time of filing application  for taking gas cylinders.

   Though 1^st OP has cross examined the complainant  in details, nothing can be revealed in favour of 1^st OP.  Complainant has given evidence in support of  his case.  From the version of 2^nd OP the complainant’s aadhar number was linked only on 6/5/2019 and hence his first refill is marked  as  DBTLDNSC, where he will not  receive subsidy.  Here as an agency of complainant, 1^st OP is duty bound to verify whether the aadhar number of their customer was linked for  getting  the subsidy benefit to each customer.  Here from the contention 2^nd OP, it is obviously clear that 1^st OP did not do that service to the complainant.  Hence there is  clear  deficiency  in service on the part of 1^st OP.  Hence as a customer of 1^st OP, complainant is entitled to get relief from 1^st OP.  Thus 1^st point found in favour of complainant.  Since there is no deficiency in service on the part of 2^nd OP, OP.No.2 is exempted from the liability.

   In the result, complaint  is allowed .  1^st opposite party is directed to pay Rs.200/- each for each gas cylinder(ie  Rs. 200x2=400) to the complainant .  1^st opposite party is further directed to pay Rs.2500/- towards compensation and Rs.1000/- towards cost of the proceedings of this case.   1^st opposite party shall comply the order within one  month from the date of receipt of  this order.  Failing which the amount of Rs.400/- carries interest @9% per annum from the date of order of this complaint till realization.  Complainant  can realize the award amount by filing execution application against the 1^st opposite party as per the provision of Consumer Protection Act 2019.

Exts:

A1- copy of LPG Pass book

A2-Copy of  application (objection to mark)

PW1-Ramachandran.K.C-complainant

Sd/                                                             Sd/                                                             Sd/

PRESIDENT                                             MEMBER                                                 MEMBER

Ravi Susha                                       Molykutty Mathew.                                      Sajeesh K.P

eva           

                                                                      /Forwarded by Order/

                                                           SENIOR  SUPERINTENDENT