Kerala

Malappuram

CC/08/1

PM KHADEEJA - Complainant(s)

Versus

SECRATTARY PURATHUR SERVICE CO OP BANK - Opp.Party(s)

12 Mar 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/08/1

PM KHADEEJA
...........Appellant(s)

Vs.

SECRATTARY PURATHUR SERVICE CO OP BANK
KERALA STATE CONSUMER FED
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Ext.A1 is receipt produced by the Complainant. According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with opposite parties. The opposite parties did not accede to his claim. Hence the complaint. 2. Opposite party No.1 has not filed version. Opposite party No.2 filed version contending that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled to refund of the amount. 3. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that complaint is maintainable. 4. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by him. Complainant is liable to surrender empty gas cylinders and regulators if any. 5. In the result the complaint is allowed and opposite party No.2 is ordered to refund to the complainant a sum of Rs.5750/- (Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him. Dated this 12th day of March, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A3 Ext.A1 : Connection Certificate dated, 18-3-1999 issued by opposite party to complainant. Ext.A2 : Receipt for Rs.500/- dated, 23-4-1998 from 1st opposite party to complainant. Ext.A3 : Receipt for Rs.5270/- dated, 16-7-1999 from 1st opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI