D.o.F:27/4/2012
D.o.O:14/8/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO. 124/12
Dated this, the 14th day of August 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA K.G : MEMBER
Chandrarani.C,
Annapoorna,, Panathadi Po,Kasaragod : Complainant
(in person) .
1. Panathadi Service Co-operative Bank,
Poodamkallu,Rajapuram Po. : Opposite parties
2. Neethi Gas Co.,
Kerala State Consumer Federation Ltd,
Gandhinagar,Kochi (in person)
ORDER
SRI.K.T.SIDHIQ: PRESIDENT:
The case of the complainant is that she availed Neethi gas connection through opposite party No.1 on deposit of ` 5750/-. The availability of filled gas and higher value of this gas cylinder, she surrendered the said connection but the opposite parties informed her that only ` 2500/ - will be refunded . Hence the complaint praying for an order against opposite parties for the refund of deposited amount with compensation.
2. Opposite party.No.2 filed version stating that the complaint is not maintainable in view of Sec.69 of the Co-operative Societies Act. On merits it was contended by opposite party No.2 that M/s Koldy Petroleum India Ltd was supplying gas to opposite party No.1 to distribute through their retail outlets like Primary Co-operative Banks. But Koldy Petroleum India Ltd abruptly stopped supplying filled cylinders. Hence opposite party No.2 had find out their own way and opened a plant at Palakkad to refill the LPG cylinders. Further they had also forced to supply the gas in their own cylinders instead of that of M/s Koldy Petroleum India Ltd. As a result now they are incurring heavy loss. It was further contended that out of Rs.5750/- paid by every customer Rs.5500/- was given to Koldy Petroleum India Ltd and Rs.100/- to the primary societies and Rs.150/- alone is appropriated by opposite party No.2. It was also submitted that if the refund of the amount to large number of consumers is ordered, the working capital of the Consumerfed will not be was sufficient to pay back the amount. This may result in withering away of all the consumer friendly units of the Consumerfed. The further contention of 2nd opposite party is that considering the service utilized by the customer the refund of connection fee has to be denied to the complainant.
3. Complainant examined as PW1 and Ext. A1 marked..
4. During evidence, PW1 deposed that she deposited ` 5750/- at the time of availing gas connection. She further stated that the rate of gas cylinder is very excessive so she discontinued the connection and also she surrendered the gas cylinder and regulator to opposite party No.1and they issued surrender certificate to him.. Therefore we are of the view that the complainant is entitled for ` 5750/- .
Hence the complaint is allowed and 2nd opposite party is directed to refund ` 5750/- to the complainant within one month from the date of receipt of copy of order. Failing which , the amount of ` 5750/- will carry interest @ 9 % per annum form the date of complaint till payment. Ist opposite party is exonerated from liabilities
Ext.A1- surrender certificate
PW1-Chandrarani.C-complainant
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva/
/Forwarded by Order/
SENIOR SUPEWRINTENDENT