BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

O.P. No. 153/2003 Filed on 09.04.2003

Dated : 31.03.2009

Complainant:

R. Prakash, Puthrantha Vila Veedu, Vakkom P.O, Thiruvananthapuram.

Opposite parties:

1. M/s Consumerfed, Gandhi Nagar, Ernakulam, Kochi-20.

(By adv. S.V. Shaji)

2. Vakkom Farmers Service Co-operative Bank Ltd. No. 542, Vakkom - 653 622, Thiruvananthapuram.

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 30.12.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 04.03.2009, the Forum on 31.03.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant is a consumer of Neethi Gas distributed by the 2nd opposite party through the 1st opposite party since 1998. At the time of getting connection the complainant had paid a sum of Rs. 5750/- to the opposite parties. The complainant alleges that as per the agreement gas will be supplied at the rate of Bharat Petroleum or Indian Oil Corporation. But the opposite parties supplied the gas at a higher rate. Hence the complainant decided to cancel the gas connection and he demanded to refund the deposit amount of Rs. 5,750/- with compensation.

The 1^st opposite party filed version. They contended 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 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. 5750/- is not refundable in any manner. Hence they prayed for dismissal of the complaint.

In this case the complainant and 1^st opposite party filed affidavits. From the side of complainant 5 documents were marked as Exts. P1 to P5.

Points to be ascertained:

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 and costs.

In this case the complainant has produced 5 documents to prove his case. Ext. P1 is the connection certificate. Ext. P2 is the receipt issued by the 2^nd opposite party for Rs. 500/- as connection advance. Ext. P3 is the receipt of Rs. 5520/- as advance balance and filling charge. Ext. P4 is the bill issued by the 2^nd opposite party for gas of 12 kg which shows the price of the gas for 12 kg is Rs. 260/-. Ext. P5 is the copy of registration form. In this form it is clearly stated that connection charge Rs. 5,750/- is not refundable in any manner.

In this case the main allegation of the complainant against the opposite parties are that the price of the gas supplied by the opposite parties is higher than the gas supplied through Indian Oil Corporation and Bharat Petroleum. In the version the opposite parties clearly stated that they cannot supply the gas at the rate of public sector company because they have subsidy from Government of India. The 2^nd 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. In this case Ext. P5 documents prove that the connection charge Rs. 5,750/- is not refundable and moreover the complainant has availed the service of the opposite parties for more than 5 years. From the documents and evidences we find that there is no unfair trade practice or deficient service from the side of opposite parties. In this case the complainant was well aware of the fact that the connection charge amount Rs. 5,750/- is not refundable in any manner. It is clearly stated in the registration form itself. But things being so, we have decided various cases in such similar matters, in which the opposite parties had agreed to refund Rs. 2,500/- to the complainants which is fair and reasonable. Hence we find that it is appropriate to refund Rs. 2,500/- to the complainant. Hence the complaint is partly allowed. In this case the complainant has no case that he demanded the opposite parties to cancel the connection and refund the advance, but the opposite parties did not turn up to do so. Hence there is no deficiency in service from the side of opposite parties. Hence no costs and compensation allowed.

In the result, this Forum direct the 2^nd opposite party to refund Rs. 2500/- (Rupees two thousand five hundred only) to the complainant with 12% interest from 09.04.2003 and the complainant shall surrender the cylinders and regulator to the 1^st opposite party. Time for compliance one month and thereafter 12% annual interest shall be paid to the above said amount till the date of realization.

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 day of 31^st March 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

O.P. No. 153/2003

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of connection certificate dated 19.07.1998.

P2 - Photocopy of cash Bill No. 10346 dated 25.03.1998.

P3 - Photocopy of cash Bill dated 04.07.1998.

P4 - Photocopy of receipt No. 7468 dated 09.03.03 for Rs. 260/-

P5 - Photocopy of application for registration of gas connection.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT