SECRETARY, VAZHAKAD SERVICE CO-OPERATIVE BANK V/S K.V. JAMEELA, CHAKINGALKANDI HOUSE - Consumer Court Case

Kerala

Malappuram

CC/08/148

K.V. JAMEELA, CHAKINGALKANDI HOUSE - Complainant(s)

Versus

SECRETARY, VAZHAKAD SERVICE CO-OPERATIVE BANK - Opp.Party(s)

04 Oct 2008

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. CC/08/148

K.V. JAMEELA, CHAKINGALKANDI HOUSE						...........Appellant(s)
Vs.
KOLDY PETROLIUM LTD. SECRETARY, VAZHAKAD SERVICE CO-OPERATIVE BANK KERALA STATE CO-OPERATIVE CONSUMER FEDERATION						...........Respondent(s)

BEFORE:

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

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

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 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. 3. Opposite party No.2 and 3 have no version filed. Set exparte. 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 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. Dated this 4th day of October, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- 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 : Connection Certificate issued by 2nd 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/- E. AYISHAKUTTY, MEMBER

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 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. 3. Opposite party No.2 and 3 have no version filed. Set exparte. 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 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. Dated this 4th day of October, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- 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 : Connection Certificate issued by 2nd 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/- E. AYISHAKUTTY, MEMBER

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