SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Smt. Sulekha has filed this complaint before the Forum, alleging deficiency in service on the part of the opposite parties – Secretary, Alappuzha North Co-operative Bank and Manager, Consumer Fed, Cochin. The contention of the complainant is as follows:- She had taken a cooking gas connection through the Neethi Store, conducted by the 1st opposite party. The second opposite party – M/s. Consumer Fed is supplying cooking gas to the consumers through the first opposite party and that the complainant is a member in the firm of the 1st opposite party. For obtaining the cooking gas connection she had remitted a sum of Rs.5750/- to the second opposite party through the first opposite party as deposit for getting the connection. The second opposite party has increased the price of the gas cylinder at the rate of Rs.500/- for 12 kg. Then the complainant has requested the opposite parties to cancel the membership and to return the deposited amount. In spite of the repeated request to the opposite parties they have not taken any steps to return the deposited amounts, so far. Hence the complaint for return of the deposited amounts with interest and compensation.<br /> 2. Notices were issued to the opposite parties. They have entered appearance before the Forum and filed version. In the version, the first opposite party has stated that, they are engaged in the banking business for the benefit of rural public and has no connection with the complainant. It is stated that the complainant has taken gas connection and cylinder from a private company, by name M/s. Sakthi Gas Limited and they have no business dealings or transaction with the complainant. It is further stated that they have given its premises to the second opposite party on rental basis for carrying on its business M/s. Neethi Store and that the 1st opposite party has no connection with the business of the second opposite party. In the version filed by the second opposite party, it is stated that at the time of giving cooking gas connection they had received Rs.5750/- from all the customers including the complainant and that out of this amount, Rs.5500/- was given to Sri. Sakthi LPG Ltd. and Rs.100/- to primary societies through which connection was availed and they have appropriated Rs.150/-. It is stated that Rs.500/- paid by the complainant is as registration fee and the balance of Rs.5250/- as the security deposit is not correct. The whole amount of Rs.5750/- connection fee only and that the claim for refund of the same in this pretext of security deposit is baseless.<br /> 3. Considering the rival contentions of the parties, this Forum has raised the following issues:- <br /> (1) Whether there is any deficiency in service on the part of the opposite parties?<br /> (2) Costs and compensation.<br /> <br /> 4. Issues No. (1) and (2):- On the side of the complainant, she has produced 2 documents in evidence, Exts.A1 and A2 marked. Ext.A1 is the original receipt No.2570 dt. 6.8.98 showing the remittance of the Rs.5520/-. This receipt shows the amount was remitted for deposit for gas connection and cost of gas. Out of this amount Rs.5250/- is the deposit amount for gas. Ext.A2 is the original receipt No.4300 dt. 24.3.98. It shows that the remittance of Rs.500/- for the deposit of gas connection. These documents shows that the complainant had remitted a total sum of Rs.5750/- on deposit for getting the gas connection and that the said amounts are received by the 2nd opposite party through the 1st opposite party. Due to the increase of the price of the gas cylinder, the complainant decided to cancel the connection supplied by the 2nd opposite party. As such, she had requested the opposite parties to return the security amounts after cancellation of the connection. But the opposite parties have not taken any earnest steps to return the said deposited amount. But in evidence, it can be seen that the complainant had remitted the amount through the first opposite party for getting the connection from the second opposite party. So the first opposite party cannot escape from the liability for taking necessary steps on their part to release the deposited amount payable to the complainant. The action of the opposite parties are highly illegal, arbitrary and unauthorized. The denial of the release of the deposited amount to the complainant will amounts to “deficiency in service” and the opposite parties are liable to compensate to the complainant. Since there is deficiency in service on the part of the opposite parties, the issues are found in favour of the complainant. After taking the evidence, deposition and detailed hearing we are of the view of the complaint is to be allowed. All the contentions raised by the opposite parties cannot be accepted as valid grounds; for denial of the deposited amount to the complainant. <br /> In the result, we here by direct the 2nd opposite party to release the deposited amount of Rs.5750/- (Rupees seven hundred and fifty only) to the complainant with a compensation amount of Rs.1000/- (Rupees one thousand only) for his mental agony and inconvenience and a cost of rs.500/- (Rupees five hundred only) for this proceedings. We further direct the 2nd opposite party to pay the said amounts to the complainant within one month from the date of receipt of this order. <br /> <br /> Complaint allowed.<br /> <br /> Pronounced open Forum on this the 30th day of August, 2008.<br /> <br /> Sd/- Sri. K. Anirudhan <br /> <br /> Sd/- Sri. Jimmy Korah<br /> <br /> Sd/- Sri. N. Shajitha Beevi <br /> <br /> <br /> <br /> APPENDIX:-<br /> <br /> Evidence of the complainant:-<br /> <br /> PW1 - Sulekha (Witness)<br /> <br /> Ext.A1 - Receipt for Rs.5520/-<br /> <br /> Ext.A2 - Receipt for Rs.500/-<br /> <br /> <br /> <br /> Evidence of the opposite parties:- Nil<br /> <br /> <br /> // True Copy //<br /> <br /> By order<br /> <br /> <br /> <br /> Senior Superintendent<br /> <br /> <br /> To<br /> <br /> Complainant/Oppo. parties/S.F.<br /> <br /> Typed by:-pr/-<br /> Compared by:-<br />