<br /> <br /> <br /> By R.VIJAYAKUMAR, MEMBER.<br /> <br /> The Complainant filed the complaint for getting advance amount Rs.7,000/- with interest Rs.2,000/- as compensation and Rs.1,000/- as cost.<br /> <br /> <br /> <br /> The avernments in the complaint can be briefly summarized as follows:<br /> <br /> The Complainant has taken Gas connection from the 1st opposite party through their Melila Panchayath out let, the II opposite party giving Rs.7,000/- as advance amount. Knowing that the price of Cylinder of 1st opposite party is more about Rs.280/- than the other Gas Agencies, the Complainant applied for cancellation of the Gas connection of 1st opposite party and getting back the advance amount. II opposite party denied the application saying that they can take a decision only as per the order of 1st opposite party. So the Complainant lodged the complaint for getting relief. <br /> <br /> The opposite party filed version stating that as Consumerfed is not a Public Sector Company dealing with petroleum products it had to depend upon the Private Companies for buying bulk petroleum gas. The subsidy allowed by the Govt to public Sector Companies was denied to Consumer fed. It resulted in a situation where Consumer fed could not sell cooking gas at the price of public sector Companies. The supplying Company of Consumerfed Shri. Shakti LPG Ltd backed out from Supply of filled cylinders. Now Consumer fed is supplying Cooking Gas to the Consumer incurring heavy loss.<br /> <br /> The statement in the petition that Rs.500/- paid by the Complainant is registration fee and balance Rs.5,250/- as security deposit is not correct. The whole amount Rs.5,750/- was connection fee. There fore the claim of refund in the pretext of security deposit is base less. If all consumer request for refund it may result in heavy loss of Consumerfed. Connection fee can be considered as a charge for service. If refund is essential it may be only proportional.<br /> <br /> The Complainant filed affidavit. Exhibits P1 to P5 were marked. After filing version opposite party remained absent.<br /> <br /> <br /> <br /> Based on the contentions the points that would arise for consideration are:<br /> <br /> <br /> 1. Whether there is any deficiency in service on the part of opposite party.<br /> 2. Compensation and cost.<br /> <br /> <br /> <br /> Points (1) and (2)<br /> <br /> <br /> <br /> The statement of 1st opposite party describing their difficulties and the financial crisis is not a matter concerned with the Consumer. The Consumer has got every right for reconnection and to take new connection from any company, in his choice. The opposite parties have not submitted any document to show that the amount received by 1st opposite party is towards connection charges. Complainant is eligible to get back the advance amount paid by him. The submission of the 1st opposite party that the deposit amount may be considered as service charges is not acceptable. The 1st opposite party admitted that they are receiving Rs.5,750/- from every consumer. In exhibit P4 letter sent by the opposite party they promised to pay back Rs.2,500/- deducting 3,250/- as connection fee and agency commission. The falsity of the statement in the version that the whole amount Rs.5,750 was connection charges is belied by exhibit P4 itself. In the version, 1st opposite party stated that the Consumer fed had got only Rs.150/- out of the connection fee. The Consumer is not liable for the difficulties facing by the 1st opposite party.<br /> <br /> <br /> <br /> On perusal of the documents we find that there is deficiency in service on the part of opposite party. <br /> <br /> <br /> <br /> In the result the Complaint is allowed. The 1st opposite party is directed to pay Rs.5,750/- receiving the 2 cylinders and regulators from the Complainant As the service was rendered by the opposite party interest and compensation shall not be paid. The 1st opposite party also directed to pay Rs.1,000/- as cost. <br /> <br /> <br /> Dated this the 7th October, 2008<br /> <br /> <br /> INDEX<br /> <br /> <br /> List of witness for the complainant<br /> <br /> PW1 : B. Thankappan Pillai<br /> Ext. P1: Letter dated 14.09.07<br /> Ext. P2: Courier receipt<br /> Ext. P3: Application dated 02.07.07<br /> Ext. P4: Reply of OP dated 09.10.07<br /> Ext. P5: Consumer book copy<br /> <br />