IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January , 2012
Filed on 02.08.2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
C.C.No.272/2011
Between
Complainant :- | Opposite party:- |
1. Philip P. Varghese S/o P.V. Philip, Chethipurakkal Puthenpurayil, Kunthirikkal P.O, Thalavadi. 2. Mariyamma Rajan, D/o P. V.Philip,Chethipurakkal Puthen purayil, Kunthirikkal P.O, Thalavadi. 3. Alex Kutty M.P, S/o P.V.Philip,Chethipurakkal puthen purayil, Kunthirikkal P.O, Thalavadi. (By Adv. S. Sankaran Thampi, Alappuzha) | 1.Managing Director, Kerala State Co-operative Consumers Federation, Gandhinagar, Kochi-682022 2. Secretary, Service Co-operative society 805, Neerettupuram. P.O |
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Philip P Varghese, Smt. Mariyamma Rajan, and Alex Kutty have filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties. The allegations of the complainants arethat on 19-3-98 their father had obtained a gas connection from M/s. Kerala State Co-operative Consumer Federation Ltd., Ernakulam through the 2nd opposite party on condition that gas cylinder will be issued for a sum of Rs.135/-,per month. As such they remitted an amount of Rs.500/- for the Registration fee and further deposited amount of Rs. 5250/-. The cylinder has the capacity of 12 kg. and the connection was obtained as per the circular No.AD/2/1971 /97-98 . At the time of issuing connection the opposite parties agreed to supply gas cylinder for the said price of rupees 135/- through 2nd opposite party. It was assured that the supply will be without any delay. But the first opposite party had not complied their assurance and defaulted the supply. So they demanded to return the deposited amount with interest. But the opposite party has raised unsustainable contentions and refused to return the deposited amount . Hence this complaint .
2. Notices were issued to the opposite parties. 1st opposite party entered appearance before this Forum and filed version .
3. In the version, it is stated that the complaint is not maintainable. Considering the long delay in getting gas connection for the customers, they have started for booking gass connections, with the consent of the government. It is further stated that they have to deposit on private companies for buying bulk petroleum gas since the rules prevents M/s Indian oil and Hindustan Petrolium from getting bulk gas for parallel marketing and that they had entered in to a contract with Kolady Petrolium India Limited for supplying filled cooking gas cylinder to delership to the societies from whom consumers availed cooking gas with them. The Government of India allowed subsidy to the cooking gas, ----- this was allowed only to Public sector companies, and their request to get subsidy was rejected . So they were not able to sell cooking gas at the prices of the public sector companies without incurring heavy loss. At the time of giving connection , they had received a sum of Rs. 5750/- from all consumers including complainants. Out of this , Rs.5500/- was given to M/s Kolday petroleum India Ltd, and Rs. 100/- to primary societies which connection was availed and they had obtained a sum of Rs. 150/-. Since the M/s Kolday petroleum India abruptly stopped supply of filled cylinder, they were forced to upon a plant at Palakkad to take care of its consumers . This was resulted expences of crores of rupees to them. Still they have incurred heavy loss in the matter of gas cylinder. It is further stated that Rs. 5750/- was the connection fee only and the claim of the complainants is baseless .
2. Considering the conditions of the parties, the forum raised the following issues for consideration .
(1) .Whether there is any deficiency in service on the side of the opposite parties?
(2.)Whether the complainants are entitled to get the reliefs prayed for?
3. Issues 1 and 2:- The complainants have filed proof affidavit and produced documents Exts.A1 to A4 marked . Exts.A1 is the connection certificate No.25154 dt. 01.9.98 issued in favour of the complainant. It shows the details of cylinder and regulator. Ext.A2 is the circular issued by the first opposite party; regarding the conditions for supplying the gass cylinder. Ext. A3 is the copy of the letter dated 12.07.2010 of the consumer Protection counsel, to release the deposited amount, with copies of the earlier orders of this forum. Ext.A4 is the acknowledgment of the said letter to the opposite party.
On a perusal of the above said documents, given in evidence by the complainants, it can be seen that the first opposite party has collected at total sum of Rs. 5750/- from the complainants through the second opposite party in connection with the supply of cooking gas. But due to the increase of the price of the gas and the delay of supply of gas cylinder to the complainants, the complainants demanded back their deposited amount from the first opposite party through written requests. But so far, the opposite parties have not taken any earnest steps to release the amounts to the complainants. Violation of the agreement in connection with the supply of gas cylinder at the agreed rate and in time will amounts to deficiency in service on the part of the opposite parties and for this the opposite parties are jointly liable to pay compensation to the complainants. The action on the part of the opposite parties is to be treated as gross negligence and unfair trade, practice. Considering the facts and circumstance of this matter and after perusing of the documents, we are of the view that the contentions raised by the complainants are highly genuine. The first opposite party was bound to release the deposited amounts of Rs. 5750/- each to the complainants in time. Any kind of denial of the release of the amounts will come within the perview of deficiency in service on the part of the first opposite party. The allegation put forward by the first opposite party regarding the release of the deposited amount has no locus standi and it cannot be accepted as reasonable ground. Considering the whole aspects of this case, it is to be noticed that the second opposite party cannot escape from the liability of the release of the deposited amounts of the complainants. In this context we are of the strong view that complaint is to be allowed. The issues are found in favour of the complainants.
Hence we hereby direct the first opposite party to return the deposited amount of Rs. 5750/- (Rupees five thousand seven hundred and fifty only) each to complainants together with the interest at the rate of 12% from the date of remittance of the same before the first opposite party and a compensation at the rate of Rs.1000/- (Rupees one thousand only) each to the complainants for their mental agony inconvenience and loss and a cost of Rs. 2000/- (Rupees two thousand only) to the complainants towards the costs of this proceedings. We further direct the first opposite party to pay the above said amounts to the complainants within one month from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 31st day of January , 2012. Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 . - Connection Certificate dated 1.09.98
Ext.A2 - Circular
Ext.A3 - Letter dated 12-07-2012
Ext.A4 - Acknowledgement Card
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by:-
