SRI.R. VIJAYAKUMAR, MEMBER.

            The complaint is filed for the refund of Rs.10,762/-, compensation Rs.2000/- and cost.

          The averments in the complaint can be briefly summarized as follows:

          Attracted by the advertisement of opp.parties the complainant registered for Gas connection and paid Rs.500/- as registration fee and Rs.5250/- for gas cylinders.   Opp.parties issued two gas cylinders on 18.9.2000.   Consumerfed agreed to  serve 12 KG gas cylinder and the rate of Rs.135/-  At that time the other gas  agencies  issued gas at the rate of Rs.156/- for 14.2 KG .  For the subsequent increase of price 1^st opp.party collectedRs.27/-more than the proportionate increase in the price of gas issued by other Gas Agencies.  The total amount thus collected from the complainant comes to Rs.3662/-.  The complainant requested  to opp.parties so many times for the refund of excess amount collected for filled gas registration fee etc.   The complainant produced the cylinder and other accessories before the 2^nd opp.party as he decided to discontinue  as a customer of opp.party 1.  2^nd opp.party did not responded.   The act of opp.parties amount to unfair trade practice and deficiency in service.   The complainant suffered heavy loss and mental agony.  Hence the complaint is filed for getting relief.

          Opp.parties filed separate versions.   The 1^st opp.party contented that the complaint is not maintainable either in law or on facts.  1^st opp.party stated that Consumer Fed with the consent of Government  ventured in the cooking gas field to  tide  over the maximum possible in the interest of Public of Kerala.  As consumerfed is not a Public Company dealing with petroleum products, it  had to depend upon private companies for  the purchase  of bulk gas.   Consumer fed entered into a contract with Shri Sakthi LPG Ltd. for  the supply of filled cooking gas.   The subsidy allowed by Government of India to the Public Sector companies was denied to private companies.   As a result consumer fed could not sell cooking, Gas at the rate  for which public sector companies were selling cooking gas.   Because of this reason Shri Sakthi  LPG Ltd. backed out from supplying filled cylinders.  An arbitration  case was filed by consumer fed against Shrisakthi gas Agency.  Out of Rs.5750/- received from the consumer Rs.5500/- was given to Shrisakthi LPG  gas Ltd  and Rs.100/- to primary societies.   Consumer fed appropriated only Rs.150/-  The consumer fed was forced to open a new plant  had to purchase new cylinders and regulators with out collecting any amount from the customers, sustaining loss of many cores of rupees.  Consumer fed spends Rs.528/- per cylinder and deliver to consumer at the rate of Rs.400/- suffering loss of Rs.128/- per cylinder.   Rs.5750/- was collected as connection fee and not as deposit and has never agreed to return the connection fee.   In fact the Forum should penalize M/s. Sakthi LPG gas.  Documents issued were in their name and style.  Hence they only should be asked to refund.

          2^nd opp.party contended that the complaint is  liable to be dismissed as it is not maintainable either in law or on facts.   The advertisement was made by the 1^st opp.party and 2^nd opp.party has no role in the matter.  2^nd opp.party is only a commission agent and doing as per the direction of 1^st opp.party.  The price of gas cylinder was decided  by the 1^st opp.party and as per the direction of 1^st opp.party,   the 2^nd opp.party  distributed gas cylinder for that price.   All agreement with regard to the matter is in between the 1^st  opp.party and the complainant and no consumer relationship between 2^nd opp.party and complainant.   No unfair trade practice or deficiency in service on the part of 2^nd  opp.party

          The complainant filed affidavit.  PW.1 examined, Exts.P1 to P3 were marked.   The opp.parties have not adduced any oral or documentary evidence.

          Based on the contentions the points that would arise for consideration are:

1.     Whether there is any deficiency in service on the part of  opp.parties

2.     Compensation and cost.

Points 1 and 2

     The difficulties facing by the 1^st opp.party in the trade of cooking gas is not a matter concerned with the complainant.   Shri Sakthi LPG Ltd is not a party in this case.

     The contention of 1^st opp.party that the amount Rs.5750/- received from the complainant is connection fee and it is not refundable is not acceptable.   No evidence  submitted by the 1^st opp.party to prove that the amount  thus received was connection fee and not  refundable.   We are of the opinion  that the amount Rs.5750/- is refundable. 

     The price of hot plate and regulator cannot be considered as a deposit and it is not refundable.  The complainant used that accessories from 2000 to 2007 and can be used in future also.

     As alleged by the complainant, the excess amount which is more than the proportionate price hike of other gas agencies, collected from the  complainant also is not refundable.   The complainant had got every right to discontinue as a customer of opp.parties.   But instead of termination he has availed the service of opp.parties from 2000 to 2007 and was  purchased gas cylinders at the rate fixed periodically by the 1^st opp.party without any objection.

     It is true that the 2^nd opp.party is only a commission agent and no contract with complainant.  2ndopp.party has no role in fixing price of filled gas cylinder or other charges.

     Hence the complaint is partly allowed.   The 1^st opp.party is directed to pay Rs.5750/- to the complainant along with an interest at the rate of 12% from the date of this complaint till  the date of payment.  The 1^st opp.party also directed to pay Rs.1000/- as compensation and cost.  We find that there is no deficiency in service on the part of 2^nd opp.party.   Hence the 2^nd opp.party is exhonourated..    The order is to be complied with within one month from the date of receipt of this order.

     Dated this the 31^st  day of January, 2009.

I N D E X

List of witnesses for the complainant

PW.1. – T. Mohanan Nair

List of documents for the complainant

P1. -  LPG Csonsumer Book

P2. – Circular.