Kerala

StateCommission

A/08/387

KERALA STATE CO OPERATIVE CONSUMER FEDERATION - Complainant(s)

Versus

SMT.JAYANTHI - Opp.Party(s)

M.SASINDRAN

06 Apr 2009

ORDER

First Appeal No. A/08/387
(Arisen out of Order Dated 30/07/2008 in Case No. OP 87/2007 of District Alappuzha)
1. KERALA STATE CO OPERATIVE CONSUMER FEDERATIONGANDHI NAGAR ERANAKULAM 20Kerala ...........Appellant(s)

Versus
1. SMT.JAYANTHIMURICKIN THARAYIL AALA POKerala2. THE SECRETARYAALA SERVICE CO OPERATIVE BANK 2123Kerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES  REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

 

APPEAL 387/08

JUDGMENT DATED: 6.4.09

 

PRESENT

 

JUSTICE SRI.K.R.UDAYABHANU                        : PRESIDENT

SMT.VALSALA SARANGADHARAN              : MEMBER

 

The Managing Director,                                             : APPELLANT

Kerala State Co-operative Consumer Federation,

Gandhi Nagar, Ernakulam,

Cochin – 682 020.

 

(By Adv.M.Sasindran & Bipin.M.V.)

 

                  Vs.

 

1. Smt.Jayanthi,                                      : RESPONDENTS

    Murickin Tharayil, Aala.P.O.

2. The Secretary,

    Aala Service Co-operative Bank Ltd.No.2123,

    Pennukkara.P.O.

 

 

JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

 

 

 

 

The appellant is the opposite party in CC.87/07 in the file of CDRF, Alappuzha.  The appellant is under orders to pay a sum of Rs.5500/- with a compensation of Rs.1000/- and cost of Rs.500/- to the complainant.

2. The matter related to the supply of gas by the Consumer fed.  The case of the complainant is that the price of the gas was enhanced several times and hence she terminated the service of the appellant and entrusted the gas cylinders and regulator to the appellant and requested to return the deposit amount Rs.6020/-.  There was no response.

3. The opposite parties have admitted only collection of a sum of Rs.5750/-.  It is contended herein by the counsel for the appellant that the gas cylinder and regulator was not returned.

4. We find that no documentary has been produced by the complainant or by the opposite party.  The appellant seeks to adduce evidence to substantiate their case that the cylinder and regulator was not returned and that the amounts are not refundable.

5. We find that the contention of the opposite parties /appellant are not seen considered in the order as such.  Of course the opposite parties have  also not produced any documents in this regard.  In the circumstance we find the matter requires reconsideration.

In the circumstance the order of the Forum is set aside on condition that the appellant remit a sum of Rs.2500/- towards cost before the Forum which can be withdrawn by the complainant.  The amount is to be deposited within one month from today.  On deposit of the amount the Forum is directed to permit the parties to adduce any further evidence if they so desire and decide the matter on merits. The appeal will stand posted before the Forum on 25.5.09.

Office  is directed to forward this order to the Forum urgently.

 

 

 

JUSTICE SRI.K.R.UDAYABHANU                        : PRESIDENT

 

 

SMT.VALSALA SARANGADHARAN              : MEMBER

 

 

PRONOUNCED :
Dated : 06 April 2009

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT