Date of filing : 29-11-2008 Date of order : 25-02-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.266/08 Dated this, the 25th day of February 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER M.Rajendran Nambiar, S/o.A.Krishnan Nair(Late), Krishnakripa, } Complainant Po.Panayal, Bekal, 671318. 1. The Chairman, Kerala State Co-op.Consumer Federation Ltd, } Opposite parties Gandhi Nagar, Ernakulam. 2. Secretary, Panayal Service Co-op.Bank, Po. Panayal. Bekal., O R D E R SRI.K.T.SIDHIQ, PRESIDENT The case of the complainant is that he had obtained neethi gas connection through opposite parties on deposit of Rs.5750/-. But when he surrendered the said connection opposite parties informed him that only Rs.2750/- will be refunded. Hence the complaint praying for an order for getting the amount of Rs.5750/- from opposite parties. 2. Opposite party No.1 filed version. Opposite party No.2 neither appeared nor filed version. According to opposite party No.2 the complaint is not maintainable in view of Sec.69 of the Co-operative Societies Act. On merits it was contended by opposite party No.1 that M/s Koldy Petroleum India Ltd was supplying gas to opposite party No.1 to distribute through their retail outlets like opposite party No.2 Primary Co-operative Banks. But Koldy Petroleum India Ltd abruptly stopped supplying filled cylinders. Hence opposite party No.2 had find out their own way and opened a plant at Palakkad to refill the LPG cylinders. Further they had also forced to supply the gas in their own cylinders instead of that of M/s Koldy Petroleum India Ltd. As a result now they are incurring heavy loss. It was further contended that out of Rs.5750/- paid by every customer Rs.5500/- was given to Koldy Petroleum India Ltd and Rs.100/- to the primary societies and Rs.150/- alone is appropriated by opposite party No.2. It was also submitted that if the refund of the amount to large number of consumers is ordered, the working capital of the Consumerfed will not be was sufficient to pay back the amount. This may result in withering away of all the consumer friendly units of the consumerfed. The further contention of opposite parties is that considering the service utilized by the customer the refund of connection fee has to be denied to the complainant. Both sides heard and Exts A1 to A4 marked. 3. The contention raised by opposite party No.1 is not acceptable. Sec.69 of the Co-operative Societies Act 1969 in no way abridges the consumers from approaching the Consumer Fora constituted under the CP Act 1986. Moreover apex court many a times clarified this position affirming that Sec.3 of the Consumer Protection Act is not a supplant but a supplement to other acts. 4. The contention that opposite party No.1 has to face heavy financial loss owing to the refund of the connection fee also not hold good. When a consumer desires to terminate his consumer relationship by surrendering the assets supplied to him, it is the duty and liability of the service provider/trader to refund his deposit amount and no consumer can be forced to continue his consumer relationship as against his will. In the instant case the consumer has already surrendered the empty cylinder and regulator as part of his cessation of consumer relationship with opposite party. Hence the complaint is allowed and opposite parties are jointly and severally directed to refund Rs.5750/- to the complainant within one month from the date of receipt of order. No order as to costs. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Photo copy of connection certificate. A2. 1-8-08 photocopy of receipt. A3. 9-8-2000 letter sent by Panayal Service Co-op.Bank Ltd to Taluk Supply Officer, Hosdurg (Photocopy) A4. 1-8-08 letter sent by complainant to Secretary Panayal Service Co-op.Bank Ltd. (Photocopy) Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
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