IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM DATED THIS THE 30TH DAY OF NOVEMBER, 2009. Present: Sri.K. Vijayakumaran, President. Adv. Ravi Susha, Member. R. Vijayakumar, Member. C.C.NO.267/2008 1. YESODHARAN, CHILLIKKATTU VEEDU, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 2. SINDHU, ALINDEKIZHAKKATHIL, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 3. SUMANGALA, PLANTHODATHU VEEDU, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 4. PRAKASH, PADINJATTE KUTTIVILA, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 5. SARASWATHY, PADINJATTE KUTTIVILA VEEDU, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 6. SARASWATHY , MAMBUZHA VEEDU, KADAVOOR CHERRY, KOLLAM. 7. RAGHAVAN, OTTATHENGIL, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 8. SABU, SABU BHAVAN, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 9. MALINI, KIDANGIL PUTHEN VEEDU, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 10. M.R. SUGATHAN, ALINTE KIZHAKKATHIL, NEERAVIL CHERRY, PERINAD P.O, KOLLAM. 11.P.K. GOPALAPILLAI, VILAYIL VEEDU, NEERAVIL. [B.KRISHNAKUMAR, ADV., KOLLAM] .. COMPLAINANTS V/S 1. MANAGING DIRECTOR, SRISAKTHI LPG LTD, VENUS PLAZA, BEGUM PET, HYDERABAD. 2. CHAIRMAN, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION LTD, GANDHI NAGAR, ERNAKULAM, COCHIN-682020. 3. THE SECRETARY, THRIKKADAVOOR SERVICE CO-OPERATIVE BANK LTD, PERINAD P.O, KOLLAM. .. OPPOSITE PARTIES O R D E R R. VIJAYAKUMAR, MEMBER. The complaint is filed for reimbursement of deposit Rs.5,520/- Registration fee Rs.500/- to each of the complainants, and for getting compensation along with cost. The avernments in the complaint can be briefly summarized as follows. Attracted by the wide publicity given by the I and II opp.party, the complainants had purchased Cooking Gas from opp.parties. The opp.parties made it clear that there will be a regular and prompt supply of gas filled LPG Cylinder without any delay. But from March 2007 onwards even though the complainants remitted necessary recharging fee opp.parties did not care to supply gas cylinders properly. Now there is a huge and enormous delay occurred in supplying LPG Cylinders. The complainants were compelled to use Kerosene and fire wood for their day to day needs. Due to the unfair and irresponsible attitude of opp.parties the complainants approached III opp.party in order to cancel their Registration and asked to reimburse the deposit amount along with Registration fees. But opp.parties did not care for reimbursement. The opp.parties failed to comply with the assurance given to the complainants and thus committed unfair trade practice and deficiency in service. Hence the complaint. Opp.parties 1 and 3 remained absent. Hence set Exparte. The II opp.party filed version, contenting that the complaint is not maintainable either in law or on facts. Consumer fed ventured in the cooking gas segment with a view of public interest. As Consumer fed is not a public company dealing with petroleum products it had to depend upon private companies for buying bulk Petroleum Gas. Consumer fed entered into contract with Shri Sakthi LPG LTD for supply of Cooking Gas. The privilege of subsidy was denied for Gas sold through Consumer fed. Hence Consumer fed could not sell Cooking Gas at the price of a Public Sector Companies. Shri Sakthi LPG LTD abruptly stopped supply of Cooking Gas. Consumer fed was forced to open a New Plant and had to purchase new cylinders and regulators incurring heavy loss. The contention of the complaint that the opp.parties collected Rs.5,750/- as deposit is not correct. It was collected as connection fee opp.party never agreed to return the connection fee. If at all refund is essential it may be only proportional. After filing version, II opp.party had not cared to adduce evidence and to participate in further proceedings. The complainants filed affidavit. PW1 examined. Ext.P1 to P9 marked. The points that would arise for consideration are : 1. Whether there is any deficiency in service on the part of opp.party. 2. Compensation and cost. Points I and II Admittedly the complainants had purchased cooking gas from the opp.parties and II opp.party had received Rs.5,750/- through III opp.party. The opp.parties failed to comply the assurance of prompt and proper supply of gas. The problems facing by the II opp.party in the supply of cooking gas were not matters concerned with the complainants. The main contention of II opp.party that the amount received from the complainants was Connection fee and it is not refundable. No evidence produced by the II opp.party to prove that the amount Rs.5,520/- received from each of the complainants was Connection fee and not refundable. As there is no direct connection between the complainant and the I opp.party, the I opp.party is not liable to give compensation to the complainants. III opp.party is only an agent, who is distributing gas cylinders only upon the direction of II opp.party. Hence II opp.party is also not liable to pay compensation to the complainants. We have pursued the complaint, version and all other documents produced. On perusal of the documents we find that there is deficiency in service on the part of opp.party. In the result the complaint is allowed directing the II opp.party to reimburse deposit amount Rs.5520/- and Registration fee Rs.500/- to each of the complainants. The II opp.party is further directed to pay compensation Rs.1000/- each and cost Rs. 1,500/-. The order is to be complied with within one month of the date of receipt of the order. Dated this the 30th day of November. INDEX List of witnesses for the complainant PW1- Yesodharan List of documents for the complainant Ext.P1- Gas charge receipt dated 14-1-99 Ext.P2- Copy of LPG Consumer Book No.14285 dated 4-7-00 Ext.P3- Copy of LPG Consumer Book No.14295 dated 4-7-00 Ext.P4- Copy of LPG consumer Book No.18400 dated 1-8-00 Ext.P5- Copy of Connection Certificate No.21383 dated 8-8-98 Ext.P6-Copy of LPG Consumer Book No.14288 dated 26-6-00 Ext.P7-Copy of LPG Consumer Book No.14301 dated 27-6-00 Ext.P8-Copy of Connection Certificate No.21387 dated 8-8-98 Ext.P9-Copy of LPG Consumer Book No.14273 dated 27-6-00 | 
