D.o.F:11/5/06 D.o.O: 22/5/08 IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD C.C.No.60/06 Dated this,22nd day of May 2008 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI: MEMBER 1.K.Krishnan Master, : S/o Chirukandan, Panchavadi,Po.Trikarpur. 2.K.V.Kunhikrishnan Nair, : S/o Gopalakuruppu,Thalichalam, Po.Elambachi. 3. K.Chandrasekharan Master, : S/o Chirukandan, Chovveri Po.Trikarpur : 4. T.V.Chandradas, S/o late T.V.Chavaniyan,Poochool, : Complainants Trikarpur Po. 5. Kuthoor Raghavan, S/o Ambu, : Sai Nilayam, Thangayam. : Po.Trikarpur. 6. T.M.C.Ibrahim, : S/o K.MuhammedKunhi, Chovveri,Po.Trikarpur. 7.Rajesh .P,S/o Koran Master, : Sreeja Nilayam,Thangayam, Po.Trikarpur. 8.Pradeep Kumar.K, S/o M.Koran, : Sopanam,Karolam,Po.Elambachi. 9.P.P.Kunhiraman Masrter, S/o Kannan Master, Manoj Nivas, : Thangayam, Po.Trikarpur. 10.P.P.Govindan, S/o Kannan Master, Deepthi,Thangayam, Po.Trikarpur. : 1.Managing Director, Kerala State Co-Operative Consumers Federation, : Gandhi Nagar,Ernakulam,Cochin-682020. : Opposite parties 2.Managing Director, : Trikarpur Farmers Co-operative Bank, Trikarpur.671310. (Suresh.P.Kasaragod,Advocate for OP.2) ORDER SRI.K.T.SIDHIQ : PRESIDENT. Case of the complainants in brief is as follows: 1. Complainants are the consumers of Neethi gas marketed by opposite parties. The supply of the gas was very irregular from the beginning , later the supply became ceased. Eventhough complaints were lodged before the opposite parties no favourable action was taken to make the supply in order. In the meanwhile there was hike in price of neethi gas. Therefore they preferred petition to take back the connection but neither the connections were taken back nor the security amounts refunded. Hence the complaint claiming refund of Rs.5750/-each to every complainant with cost of Rs.3000/-. 2. Notice to opposite parties served. Opposite party No.2 appeared and filed their version. Opposite party No.1 remained absent inspite of repeated notices. Hence OP.1 set exparte. 3. According to opposite party No.2 the complaint is not maintainable since it contains 10 persons. They should have been filed separate complaints for their relief. Opposite party No.2 have nothing to do with the gas distribution and its price as it is under the control of opposite party No.1. Opposite party No.2 is only like a commission agent and they are getting only Rs.6 /- per cylinder and the complaint is barred by limitation. 4. The contention of opposite party No.2 is not sustainable in view of Sec.2(1)(b)(iv) of the C.P.Act. As per this section a complainant means one or more consumers where there are numerous consumers having the same interest. The complaint is not barred by limitation so long as the complainants are continuing their consumer relationship with the opposite parties. 5. According to opposite party No.2 the payment of Rs.5750/- is made through D.D to opposite party No.1 for getting gas connection. Complainants produced Exts.A1 to A10 which shows that they are all consumers of opposite party No.1. 6. Nobody can be compelled to continue as a consumer. Complainants can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal they are certainly entitled to get refund of the amount deposited. Complainants are liable to surrender the empty gas cylinders and regulator if any. In the result, complaint is allowed and opposite parties No.1&2 are jointly and severally liable to refund to complainants Nos 1 to 10 a sum of Rs.5750/- each totaling Rs.57500/- along with a total cost of Rs.2000/- within one month from the date of receipt of copy of the order. On receipt of refund, the complainants shall return the empty cylinder and regulator if any with them. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts: A1 to 10 connection certificates Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT eva/
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