BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 164/2006 Filed on 07.06.2006<br /> Dated : 30.09.2008<br /> Complainant:<br /> Renuka Devi, D/o Chellamma, Nilackal Bungalow, Koliyacode P.O, Thiruvananthapuram. <br /> (By adv. S. Pradeep Kumar)<br /> Opposite parties:<br /> 1.The Managing Director, Kerala State Co-operative Consumer Federal Ltd., Gandhi Nagar, Ernakulam.<br /> <br /> 2.The Secretary, Koliyacode Consumer Co-operative Society, Koliyacode, Thiruvananthapuram District. <br /> <br /> (By adv. Koliakode V. Suresh)<br /> <br /> This O.P having been taken as heard on 28.08.2008, the Forum on 30.09.2008 delivered the following:<br /> ORDER<br /> SMT.BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the case are as follows: The complainant has taken a Neethi gas connection from the opposite parties by remitting Rs. 6185/- as security deposit. The complainant was not at all satisfied with the service rendered by the opposite parties. The 2nd opposite party has failed to supply the refilled gas cylinders as and when required by the complainant and also the price of the above gas is very high compared with other gases. To that effect on 20.02.2006 the complainant sent a notice to the opposite parties calling upon to repay the deposited amount. There is no reply from the opposite parties. Hence the complainant filed this complaint before this Forum. <br /> <br /> The opposite parties are ex-parte. The complainant has filed affidavit and has been examined as PW1 and 4 documents were marked as Exts. P1 to P4. <br /> <br /> Points to be considered:<br /> (i)Whether there is deficiency in service or unfair trade practice from the side of opposite parties?<br /> (ii)Whether the complainant is entitled to get the reliefs sought for?<br /> (iii)Costs.<br /> <br /> Points (i) to (iii):- In this case the complainant has produced Exts. P1 to P4 to prove this complaint. Ext. P1 is the notice issued by the complainant to the opposite parties demanding the repayment of the deposit amount. Ext. P2 is the postal receipts. Ext. P3(a) and P3(b) are the acknowledgement cards signed by the opposite parties. Ext. P4 is the certificate issued by the 2nd opposite party Koliyacode Consumer Co-operative Society. Ext. P4 document shows that the complainant had paid Rs. 5750/- for Neethi gas connection during the period 1999-2000. The complainant has also produced a certificate from the 2nd opposite party which shows that she had surrendered two cylinders before the 2nd opposite party. The main allegation of the complainant is that the opposite parties failed to supply the refilled gas cylinders as and when required by the complainant and also the price of the Neethi gas is very high compared with other gases. But the complainant failed to establish deficiency in service on the part of opposite parties. There is no documents to show that opposite parties failed to supply gas as and when demanded by the complainant and no document to prove that the opposite parties delayed in supply of refilled gas cylinders to the complainant as and when booked by the complainant. <br /> <br /> In the complaint the complainant stated that she had remitted Rs. 6185/- as security deposit for the connection. But she has not produced any document to prove that. The Ext. P4 document, the certificate issued by the 2nd opposite party shows that the complainant had paid Rs. 5750/- to the opposite parties for the Neethi gas connection. <br /> From the above mentioned discussion, we have concluded that the opposite parties are bound to cancel the gas connection as and when the complainant demanded for cancellation. But the opposite parties did not do so. This omission of the opposite parties amount to unfair trade practice. <br /> <br /> The 1st opposite party in this case is Kerala State Co-operative Consumer Federation Ltd. It is a consumer welfare organization. The object of the opposite parties are not profit motive. Moreover the complainant has availed the service of the opposite parties for more than 7 years. The complainant has not produced any document to show that the advance amount paid by her to the gas connection is refundable or not. Hence we find that out of Rs. 5750/- the complainant is entitled to get Rs. 2500/- from the opposite parties. In the view of the foregoing discussion this Forum allow the complaint partly. <br /> <br /> In the result, the 1st opposite party is directed to refund Rs. 2500/- to the complainant with 9% interest per annum from 20.02.2006 till the realization of the amount and also direct the 1st opposite party to pay Rs. 1000/- as cost to the complainant. Time for compliance two months. 2nd opposite party is exempted from any liability.<br /> 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.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th September 2008.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> G. SIVAPRASAD :PRESIDENT <br /> <br /> S.K.SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> O.P.No. 164/2006<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Renuka Devi<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of notice issued by the complainant to the opposite <br /> parties. <br /> P2 - Postal receipts dated 20.02.2006.<br /> P3(a) - Acknowledgement card signed by the 2nd opposite party.<br /> P3(b) - Acknowledgement card signed by the 1st opposite party.<br /> P4 - Certificate dated 16.05.2008 issued by the 2nd opposite party .<br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> NIL<br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> NIL<br /> <br /> <br /> <br /> PRESIDENT<br />