KERALA STATE CONSUMER DISPUTES  REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 385/08

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. Sri.Vijayan Nair,                                : RESPONDENTS

    Peroor puthen veedu, 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.85/07 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 he 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Forum is set aside on condition that the appellant remit a sum of Rs.2500/- towards cost before the Forum which can be withdrawn by the complainant.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