1. PACHUKUTTYPUNATHIL (H),PO PC PALAM,NARIKKUNI,KOZHIKODE
...........Appellant(s)
Versus.
1. KSCCFGANDHINAGAR,KOCHI-202. SECRETARY,NARIKKUNI SERVICE CO-OP BANKNARIKKUNI,KOZHIKODE
...........Respondent(s)
BEFORE:
HONOURABLE MR. G Yadunadhan, BA.,LLB., ,PRESIDENTHONOURABLE MRS. Jayasree Kallat, MA., ,MemberHONOURABLE MR. L Jyothikumar, LLB., ,Member
PRESENT :
Dated : 29 May 2010
JUDGEMENT
By G. Yadunadhan, President:
The complainant obtained Neethi gas connection through the 2nd opposite party from the 1st opposite party on deposit of Rs.5750/-. At the time of giving connection, the 1st opposite party undertook to supply refilled gas cylinders as and when required. But according to the complainant, even after repeated demands the 1st opposite party did not supply the refilled gas cylinders as requested by the complainant. Hence she is seeking for the return of the amount of Rs.5750/-.
The 1st opposite party filed a version contending as follows: It is true that the complainant obtained Neethi gas connection from the 1st opposite party and the 1st Opposite party received an amount of Rs.5750/- from the complainant at the time of giving connection. The complainant is not entitled to get refund of any amount. The amount deposited by the complainant is expended for giving connection. Hence the complainant is not entitled to get any relief.
On the above pleadings the only point for consideration is whether the complainant is entitled to get any relief?
It is the admitted fact that the complainant obtained Neethi gas connection from the 1st opposite party on deposit of an amount of Rs.5750/-. According to the complainant though the 1st opposite party agreed to supply refilled gas cylinders as and when required, they did not supply refilled gas cylinders as requested by the complainant. Hence she is seeking for the refund of the amount. 1st opposite party contended that the amount cannot be refunded and it is not a deposit and the opposite party is entitled to retain the amount. But no authority is produced to show under what ground they are entitled to retain the amount. Hence we find that the complainant is entitled to get refund of Rs.5250/-.
In the result the petition is allowed and the 1st opposite party is ordered to pay an amount of Rs.5250/- to the complainant and on receipt of the amount the complainant is bound to return the gas cylinders and regulator to the1st opposite party.
[HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member
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