D.o.F:24/7/2012

D.o.O:17/10/2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO. 235/12

                  Dated this, the 17^th   day of October  2012

PRESENT:

SRI.K.T.SIDHIQ                               : PRESIDENT

SMT.P.RAMADEVI                          : MEMBER

SMT.BEENA K.G                            : MEMBER

Kunhumon .T.T,

Thozhuthukarayil, 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  he availed Neethi gas connection through opposite party No.1 on  deposit of ` 5750/-. Due to the non  availability of filled gas  and higher  price of this  gas cylinder, he  surrendered  the said connection but the opposite parties informed him 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  ` 5750/- paid by every customer ` 5500/- was given to Koldy Petroleum India Ltd and  `100/- to the primary societies and  `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  he  deposited ` 5750/- at the time of  availing  gas connection.  He further stated that the rate of gas cylinder is very excessive  so  he  discontinued  the  connection and also he  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  2^nd 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- Kunhumon .T.T-complainant

MEMBER                                     MEMBER                                            PRESIDENT

eva/