Date of filing : 29-10-2012.
Date of order : 11-02-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO. 288/12
Dated this, the 11th day of February 2013
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA K.G : MEMBER
P.I. Joseph, Peedathattel Veedu
Malakkallu.Po. Rajapuram.Via, Kasaragod.Dt. : Complainant
(In person)
1. Panathadi Service Co-operative Bank, No.544
H.O. Poodamkallu,Rajapuram Po. : Opposite parties
2. Neethi Gas Co.,
Kerala State Co-operative Consumers Federation Ltd,
Gandhinagar, Kochi. 20.
(In Person)
ORDER
SMT.K.G.BEENA,MEMBER
The case of the complainant is that he availed Neethi Gas connection through opposite party No.1 on deposit of Rs.5750/-. Due to the higher price of this gas cylinder, he surrendered the said connection but the opposite parties did not returned the security deposit. Hence the complainant 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 Co-operative Societies Act on merits it was contended that 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 cylinder 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/- every customer Rs.550/- was given to Koldy Petroleum India Ltd and Rs.100 to the Primary Societies 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 consumerfed will not be sufficient to pay back the amount. This may result in 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 & A2 marked..
4. During evidence, PW1 deposed that he deposited Rs. 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 Rs. 5750/- .
Hence the complaint is allowed and 2nd opposite party is directed to refund Rs. 5750/- to the complainant within one month from the date of receipt of copy of order. Failing which the amount of Rs. 5750/- will carry interest @ 9 % per annum form the date of complaint till payment. Ist opposite party is exonerated from liabilities.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext.A1.25-10-12 Certificate Issued by OP No.1.
Ext.A2. copy of connection certificate.
PW1. Sunni Joseph
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
