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Gauri Devangan v/s Priyadarshani Gas Agency & Another

Company & Directors' Information:- GAS CORPORATION INDIA LIMITED [Strike Off] CIN = U40200BR1993PLC005536

Company & Directors' Information:- U T AGENCY PVT. LTD. [Active] CIN = U45203WB1991PTC052617

Company & Directors' Information:- S K H AGENCY PRIVATE LIMITED [Active] CIN = U52390TG2013PTC085384

Company & Directors' Information:- O M AGENCY PRIVATE LIMITED [Active] CIN = U52321TN1961PTC004668

Company & Directors' Information:- S M AGENCY PVT LTD [Active] CIN = U51109WB1964PTC026129

Company & Directors' Information:- G R AGENCY LTD [Strike Off] CIN = U51109WB1951PLC019409

Company & Directors' Information:- S N Q S AGENCY PRIVATE LIMITED [Active] CIN = U52110TZ1999PTC008761

Company & Directors' Information:- A & N AGENCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909TN2003PTC052088

Company & Directors' Information:- A E AGENCY PRIVATE LIMITED [Active] CIN = U65993TN2000PTC044931

Company & Directors' Information:- S R W AGENCY PRIVATE LIMITED [Active] CIN = U52190WB2011PTC160006

Company & Directors' Information:- K L AGENCY PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050493

Company & Directors' Information:- S B T AGENCY PVT LTD [Strike Off] CIN = U51103WB1965PTC026347

Company & Directors' Information:- S B M AGENCY PRIVATE LIMITED [Active] CIN = U51504TN2004PTC052953

Company & Directors' Information:- GAURI CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145147

Company & Directors' Information:- M P S AGENCY PVT LTD [Active] CIN = U51109WB1998PTC088149

Company & Directors' Information:- A. G. AGENCY PRIVATE LIMITED [Strike Off] CIN = U51109DL2008PTC186212

Company & Directors' Information:- S N AGENCY PVT LTD [Strike Off] CIN = U66010WB1989PTC047981

Company & Directors' Information:- V AND S AGENCY PRIVATE LTD. [Strike Off] CIN = U74999DL1986PTC025148

    Revision Petition No. 3105 of 2017

    Decided On, 25 June 2018

    At, National Consumer Disputes Redressal Commission NCDRC


    For the Petitioner: Nemo. For the Respondents: ----------

Judgment Text

This revision petition has been filed by Smt. Gauri Dewangan petitioner against the order dated 03.08.2017 of the State Consumer Disputes Redressal Commission, Chhattisgarh, (in short ‘the State Commission’) passed in Appeal No.137/2017. As the petitioner was not appearing, the order dated 23.01.2018 passed by this Commission was sent to the petitioner to pursue the matter on the next date fixed i.e. 30.05.2018. Even after delivery of this order, none was present on the date fixed i.e. 30.5.2018. Meanwhile, the petitioner has sent letter, which has been received in the Registry on 09.05.2018, wherein it has been stated that she is below the poverty line and she cannot attend the proceedings and a short synopsis has also been sent along with petitioner’s letter.

2. As the petitioner was not present and the written synopsis has been sent by the petitioner, the matter was reserved for orders on 30.05.2018.

3. I have perused the record and contents of the revision petition as well as the written submissions sent by the petitioner.

4. Brief facts of the case are that the petitioner purchased gas cylinder, however her grievance was that she did not receive the subsidy amount in her account, therefore, the complaint bearing No.CC/62/2016 was filed before the District Consumer Disputes Redressal Forum, Raigarh (in short ‘the District Forum’). The District Forum allowed the complaint and asked the opposite party No.1/respondent No.1 to pay the subsidy amount. The opposite party No.1/respondent No.1 preferred an appeal bearing No.FA/2017/137 before the State Commission and the State Commission allowed the appeal on the ground that the disbursement of the subsidy was responsibility of the Ministry of Petroleum and Natural Gas and therefore, the opposite party No.1 and opposite party No.2 were not responsible for the same.

5. Vide order dated 03.08.2017 of the State Commission appeal was allowed and complaint was dismissed.

6. Hence, the present revision petition.

7. The State Commission has rightly observed that the subsidy amount is sent directly to the bank account by the Ministry of Petroleum and Natural Gas, hence local dealer and local bank have very limited role and no deficiency in service can be attributed to the opposite parties. Moreover, the person claiming subsidy is not a consumer under the Consumer Protection Act 1986 as held by this Commission in Chaudhary Ashok Yadav Vs. The Rewari Central Co-operative Bank and Anr, Revision Petition No.4894 of 2012, decided on 08.02.2013 wherein it has been held that a person seeking benefit of subsidy under a scheme is not a 'consumer', as the subsidy is not a service within the meaning of Consumer Protection Act, 1986, and his remedy does not lie under the Consumer Protection Act, 1986, by filing a complaint and that he can seek relief from a Civil Court, or some other forum, as per law.

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Thus, the petitioner is not a ‘Consumer’ within the meaning of Consumer Protection Act, 1986. Hence, the complaint was not maintainable. 8. Based on the above discussion, I do not find any merit in the revision petition. Accordingly revision petition No.3105 of 2017 is dismissed at the admission stage.