Kerala

Malappuram

CC/08/282

kodakkadan salim, s/o. hydrose kutty haji - Complainant(s)

Versus

secretary the kolkalam service co-op bank ltd - Opp.Party(s)

21 Feb 2009

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
B2 BLOCK, CIVIL STATION, PIN-676 505
consumer case(CC) No. CC/08/282

kodakkadan salim, s/o. hydrose kutty haji		 ...........Appellant(s)

Vs.

secretary the kolkalam service co-op bank ltd
Manager, Kerala State Co operative Consumer Federation Ltd		 ...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By Smt. C.S. Sulekha Beevi, President


 


 

1. 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 the opposite parties. The opposite parties did not accede to his claim. Hence the complaint.

2. Opposite party No.1 notice served. Name called, absent. Set exparte.

     

3. Opposite party No.2 contended 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 for refund of the amount.


 

4. Payment of the amount of Rs.5750/- is admitted by opposite party No.1. 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 the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any.

     

5. In the result the complaint is allowed and opposite party No.1 and 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 21st day of February, 2009.


 

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT


 


 


 

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER


 


 


 


 


 

APPENDIX


 


 

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1

Ext.A1 : Ccertificate given by 1st d opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil


 

 


 

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT


 


 


 

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER


 


 




......................C.S. SULEKHA BEEVI