MANAGING DIRECTOR, KERALA STATE CO OPERATIVE CONSUMER FED V/S M.P. MUHAMMED, S/O. PARAMBIL KADEEJA - Consumer Court Case

Kerala

Malappuram

CC/08/165

M.P. MUHAMMED, S/O. PARAMBIL KADEEJA - Complainant(s)

Versus

MANAGING DIRECTOR, KERALA STATE CO OPERATIVE CONSUMER FED - Opp.Party(s)

28 Oct 2008

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/08/165

M.P. MUHAMMED, S/O. PARAMBIL KADEEJA						...........Appellant(s)
Vs.
MANAGING DIRECTOR, KERALA STATE CO OPERATIVE CONSUMER FED secrattary						...........Respondent(s)

BEFORE:

1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By Smt. C.S. Sulekha Beevi, President 1. According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint. 2. Opposite party No.1 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount. 3. Opposite party No.2 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.1 and that there is no deficiency of service on their part. 4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable. 5. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any. 6. In the result the complaint is allowed and opposite party No.1 and 2 are jointly and severally ordered to refund the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him. Dated this 28th day of October, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 Consumer card Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER

By Smt. C.S. Sulekha Beevi, President 1. According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint. 2. Opposite party No.1 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount. 3. Opposite party No.2 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.1 and that there is no deficiency of service on their part. 4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable. 5. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any. 6. In the result the complaint is allowed and opposite party No.1 and 2 are jointly and severally ordered to refund the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him. Dated this 28th day of October, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 Consumer card Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- E. AYISHAKUTTY, MEMBER

......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI