D.o.F:2/2/09D.o.O:2/6/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 40/09 Dated this, the 2nd day of June 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Sajeer.K.P, S/o C.V.Muhammed, Darul Aman House, Kallar, : Complainant Po.Malakallu, Rajapuram,Kasaragod (in person) 1. Secretary, Panathadi Service Co-operative Bank, No.544,HO Poodamakallu,Rajapuram Po. : Opposite parties 2. MD, Neethi Gas Co., Kerala State Co-operative Consumers- Federation Ltd, Ernakulam. (Adv.Subash Bozz.V.M,Kasaragod.) ORDER SRI.K.T.SIDHIQ: PRESIDENT: The case of the complainant is that his father C.V.Mohammed Haji availed Neethi gas connection through opposite party No.1 on deposit of Rs.7500/-. But when he surrendered the said connection opposite parties informed him that only Rs.2500/ - will be refunded. Hence the complaint praying for an order against opposite parties for the refund of deposited amount with compensation. 2. Opposite parties 1&2 filed version. According to opposite party No.1only Rs. 5750/- has paid towards connection fee. Opposite party No.1 is only a commission agent and they gets only Rs.10/- per cylinder. According to opposite party No.2 the complaint is not maintainable in view of Sec.69 of the Co-operative Societies Act. 3. On merits it was contended by opposite party No.1 that M/s Koldy Petroleum India Ltd was supplying gas to opposite party No.1 to distribute through their retail outlets like opposite party No.2 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 opposite parties is that considering the service utilized by the customer the refund of connection fee has to be denied to the complainant. Both sides heard and Ext A1 marked. 4. The contention raised by opposite party No.1 is not acceptable. Sec.69 of the Co-operative Societies Act 1969 in no way prevents the consumers from approaching the Consumer Fora constituted under the CP Act 1986. Moreover apex court many a times clarified this position affirming that Sec.3 of the Consumer Protection Act is not a supplant but a supplement to other acts. 5. The contention that opposite party No.2 has to face heavy financial loss owing to the refund of the connection fee also not hold good. When a consumer desires to terminate his consumer relationship by surrendering the assets supplied to him, it is the duty and liability of the service provider/trader to refund his deposit amount and no consumer can be forced to continue his consumer relationship as against his will. Hence the complaint is allowed and opposite party No.2 is directed to refund Rs.5750/- to the complainant within one month from the date of receipt of copy of order. On receipt of payment the consumer shall surrender the gas cylinder and regulator to the opposite party No.1 and obtain the surrender certificate.
MEMBER MEMBER PRESIDENT Ext.A1- Photocopy of Consumer passbook eva/ /
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
