BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT.BEENA KUMARI. A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> O.P.No: 172/2003 Filed on 28..04..2003<br /> Dated: 29..03..2008<br /> Complainant:<br /> G. Balachandran Nair, Shyni Bhavan,<br /> Koduvazhanoor – P.O., Kilimanoor.<br /> Opposite parties:<br /> 1.J. Prakasham, Prakash Agencies, <br /> H.O. Puthiyakavu, Kilimanoor – P.O., Tvpm.<br /> (By Adv. Shri. B. Sree Kumar)<br /> 2.The Dealer, Boomi Bottling Gas co.(Pvt) Ltd., Madras.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 30..06..2005, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 10..03..2008, the Forum on 29..03..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. BEENA KUMARI.A., MEMBER:<br /> The complainant in this case is Shri. Balachandran Nair. He is a driver in Govt. Service. The opposite parties are Prakash Gas Agency and its dealer, Boomi Gas Bottling.<br /> 2. The complainant took a gas connection from the Ist opposite party on 06..01..1997 with a gas cylinder by depositing an amount of Rs. 1,300/- and he also took another gas connection on 03..08..1998 by depositing Rs.1,300/- towards security amount and service charge. On a condition that the gas agency would be refund the security amount on surrendering the gas connection. On 02..10..2002 because of the non-availability of gas in time the complainant surrendered the gas connection with two cylinders and regulator and he got receipt from the Ist opposite party for the same. Then the Ist opposite party agreed that he will be repaying the security amount within one month.<br /> 3. And thereafter the complainant approached the Ist opposite party directly and through letters for the repayment of the security amount. At last the Ist opposite party replied that the amount will be paid only after receiving the cash from the 2nd opposite party. The 2nd opposite party is the dealer, the Boomi Gas Bottling Company. The complainant sent letters to the 2nd opposite party also for the repayment of the amount. But they did not refund the amount. For that the complainant has filed this complaint before this Forum for the recovery of an amount of Rs.1,800/-.<br /> 4. The opposite parties received notice from this Forum and Ist opposite party filed Vakkalath and version since opposite parties remained ex-parte, the version cannot be considered.<br /> 5. The complainant filed affidavit and Exts.P1 to P6 are the documents marked:<br /> 6.The Points that would arise for consideration are:<br /> (i)Whether there is deficiency in service and unfair trade practice on the part of the opposite parties?<br /> <br /> (ii)Whether the complainant is entitled to get the reliefs claimed?<br /> 7.Points (i) & (ii): The complainant produced almost all relevant documents to prove his case. He has produced Exts. P1 to P6 documents. Ext.P1 is the consumer card issued by the Ist opposite party. Ext.P2 is the cash bill of gas cylinder. Ext.P3 & P4 are the security cash bills. Ext.P5 is the receipt of gas connection returned. Exts.P6 is the copies of the letters sent by the complainant to the opposite parties.<br /> 8.The Ext.P3 document shows that on 06..01..1997 the complainant has paid Rs.1,300/- to the Ist opposite party, out of which an amount of Rs.500/- is the security deposit of one gas connection and Rs.800/- is towards service charge. Ext.P4 is the receipt for the payment of Rs.1,300/- for the second connection. Ext.P5 is the document which shows that the complainant has surrendered the gas connection along with gas cylinders and regulator and he obtained the receipt for the same from the opposite parties. It is seen endorsed by the opposite parties on Ext.P5 itself. It bears their seal also. Through this endorsement in Ext.P5 document the complainant proved that the opposite parties agreed to repay the security deposit without objection as and when the complainant surrender the connection. The complainant has succeeded in proving his case by Exts.P1 to P6 documents and affidavit filed by him in support of his complaint which stands unchallenged.<br /> 9. On the perusal of these documents and evidence this Forum has come to the conclusion that there is deficiency in service and unfair trade practice on the part of the opposite parties and they are liable to refund the security amount as and when the complainant surrendered the gas connection. The complainant is entitled to get the security amount which has been paid by him at the time of taking gas connection.<br /> In the result an order is passed as follows: The Ist opposite party is directed to refund the security amount of Rs.1,000/- (Rupees One thousand only) to the complainant with interest at 12% from 02..10..2002 till realisation with cost of Rs.500/- (Rupees Five hundred only). Time for compliance two months, failing which execution can be taken. <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 29th day of March, 2008.<br /> G. SIVAPRASAD, PRESIDENT.<br /> BEENA KUMARI. A : MEMBER<br /> S.K. SREELA : MEMBER<br /> ad.<br /> O.P.No: 172/2003<br /> APPENDIX<br /> I.Complainant's witness:<br /> PW1 : NIL<br /> II.Complainant's documents:<br /> P1 : Gas connection consumer card with consumer No.931<br /> P2 : First cash bill of gas cylinder receipt No.721<br /> P3 : Photocopy of receipt showing the security deposit paid on 06..01..1997<br /> P4 : Original receipt dated 03..08..1998 with an amount of Rs.1,300/-.<br /> P5 : Photocopy of letter dated 02..10..2002 for refunding the security deposit<br /> P6 : Photocopy of letter dated 08..04..2003 to the dealer<br /> P7 : Original postal receipt dated 08..04..2003<br /> <br /> III.Opposite parties' witness: NIL<br /> <br /> IV.Opposite parties' documents: NIL<br /> <br /> <br /> <br /> PRESIDENT<br /> ad.