BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 271/2008 Filed on 12.11.2008

Dated : 16.11.2009

Complainant:

Sisupalan, Aneesh Bhavan, Kadamukku, Koduvazhanoor, Chirayinkil.

Opposite parties:

1. The Managing Director, Kerala State Co-operative Consumer Federation Ltd., Gandhi Nagar, Ernakulam, Kochi.

    

2. Manager, Kerala State Co-operative Consumer Federation Ltd., Gandhi Nagar, Ernakulam, Kochi.

    

3. The Secretary, Koduvazhanoor Co-operative Bank Ltd. No. 3144, Koduvazhanoor P.O, Pulimath, Thiruvananthapuram.

(By adv. Karate K. Mohandas)

This O.P having been heard on 29.10.2009, the Forum on 16.11.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant is a consumer of LPG with Consumer no. 25891 of Neethi gas distributed by the 1^st and 2^nd opposite parties through 3^rd opposite party since 1999. For getting the gas connection complainant had paid Rs. 5,750/- to the opposite parties. The complainant alleges that the price of Neethi gas is very high compared with other gases. Hence he decided to cancel the gas connection. On 16.09.2008 he surrendered the cylinders and regulator to the 3^rd opposite party and demanded refund of the deposit amount paid by him. But the opposite parties stated that there is no provision to refund the connection charge to the consumer. Hence the complainant approached this Forum.

The opposite parties filed their version. The 1^st opposite party stated that the Consumerfed is not a public sector company dealing with petroleum products. The Government of India allowed subsidy to the cooking gas, but this was allowed only to the public sector company such as Bharat Petroleum, Indian Oil Corporation etc. Hence the opposite parties are not in a position to supply the gas at the rate of public sector companies. The opposite parties also stated that there is no provision for refund of the amount paid for getting a LPG connection. The only option left to the complainant is that he can transfer the LPG connection to any other person. In the registration application it has been specifically stated that connection fee Rs. 5,750/- is not refundable in any manner. Hence they prayed for the dismissal of the complaint.

The 3^rd opposite party in their version stated that the amount for gas connection was received by the 1^st and 2^nd opposite parties. Hence the 3^rd opposite party has no liability to refund the amount.

In this case complainant has filed proof affidavit and produced 4 documents which were marked as Exts. P1 to P4.

Points that would arise for consideration are:-

1. Whether there is deficiency in service or unfair trade practice from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs?

In this case complainant was examined as PW1 and the 3^rd opposite party cross examined him. The document marked as Ext. P1 is the receipt of gas connection, registration fee of Rs. 1,000/- + Rs. 15/- (D.D commission) issued by 3^rd opposite party. Ext. P2 dated 29.09.2008 is the reply issued by the 1^st and 2^nd opposite parties to the complainant. In this letter opposite parties stated that they are ready to refund Rs. 2,500/- to the complainant and they stated conditions to receive the amount. Ext. P3 is the pre receipt form for the settlement. Ext. P4 is the receipt issued by the 3^rd opposite party for the acceptance of the cylinders and regulator.

In this case the main allegation of the complainant against the opposite parties is that the price of the gas supplied by the opposite parties is higher than the gas supplied through other agencies. The opposite parties stated their inability to supply the gas at the price of the gas supplied by other public sector companies since those companies have got subsidy from Government of India. Hence the opposite party cannot supply gas at that price. In this case there is no unfair trade practice or deficient service from the opposite parties. The complainant demands refund of Rs. 5,750/- from the opposite parties. The complainant has not produced any document before us to show that he has paid the amount as advance. The opposite parties stated that the amount received by them is towards connection charge. Moreover the complainant has availed the service of the opposite parties for more than 10 years. Moreover as per Ext. P2 document the opposite parties stated that they are ready to refund Rs. 2,500/- to the complainant. The complainant has not produced any document to show that the amount paid by him for the gas connection is refundable or not. From the above mentioned discussions this Forum finds that Rs. 2,500/- offered by the opposite parties are reasonable. Hence the complaint is partly allowed.

In the result, the 1^st opposite party shall refund Rs. 2,500/- to the complainant with 12% annual interest from 16.09.2008 till the realisation of the amount. No cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16^th day of November 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

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C.C. No. 271/2008

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Sisupalan

II COMPLAINANT'S DOCUMENTS :

P1 - Receipt for gas connection dated 06.10.1999.

P2 - Reply letter dated 29.09.2008 issued by 1^st and 2^nd opposite

parties to the complainant.

P3 - Pre-receipt form for settlement.

P4 - Receipt dated 16.09.2008 issued by 3^rd opposite party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT