By Smt. C.S. Sulekha Beevi, President<br /> <br /> <br /> 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.<br /> 2. Opposite party No.1 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.3 and that there is no deficiency of service on their part.<br /> 3. Opposite party No.2 has not filed any version. Opposite party No.3 has filed version that as per agreement with second opposite party the supply of L.P.G. Connection was entrusted with second opposite party. The Bank guarantee given and the time of agreement has been invoked by second opposite party and hence second opposite party is liable to compensate the complainant.<br /> 4. 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 the complaint is maintainable. 5. 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 the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any.<br /> 6. In the result the complaint is allowed and opposite party No.1 and 3 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.<br /> <br /> Dated this 4th day of October, 2008.<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 <br /> Ext.A1 : Receipt for Rs.5751/- dated, 18-9-1998 from 1st opposite party<br /> to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER