THE MANAGER, KARANNUR SERVICE CO-OPERATIVE BANK V/S M.JAYARAJAN
M.JAYARAJAN filed a consumer case on 05 May 2008 against THE MANAGER, KARANNUR SERVICE CO-OPERATIVE BANK in the Kozhikode Consumer Court. The case no is CC/07/158 and the judgment uploaded on 30 Nov -0001.
Kerala
Kozhikode
CC/07/158
M.JAYARAJAN - Complainant(s)
Versus
THE MANAGER, KARANNUR SERVICE CO-OPERATIVE BANK - Opp.Party(s)
05 May 2008
ORDER
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM (Notice Under Section-13 of the Consumer Protection Act,1986)(No.68 of 1986) KOZHIKODE consumer case(CC) No. CC/07/158
M.JAYARAJAN
...........Appellant(s)
Vs.
THE MANAGER, KARANNUR SERVICE CO-OPERATIVE BANK THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
1. M.JAYARAJAN
OppositeParty/Respondent(s):
1. THE MANAGER, KARANNUR SERVICE CO-OPERATIVE BANK2. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION.
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE C.C. 158/07 Dated this the 5th day of May 2008. ( Present: Sri. G. Yadunadhan, B.A., L.L.B. : President) Sri. K.V. Sreenivasan, B.A., LLB. : Member Smt. Jayasree Kallat, M.A. : Member M. Jayarajan, S/o. Kandakutty, Methelayil House } Jayamala, Eranhikkal, Kozhikode. } Complainant. 1. Manager, Karannur Service Co-op.Bank Ltd. F.1244 } Elathur Branch, P.O. Elathur, Calicut. } 2. Managing Director } Opposite parties. Kerala State Co-op. Consumer Federation Ltd., } Gandhi Nagar, Ernakulam, } Kochi- 682 020. } ORDER By G. Yadunadhan, President: The complainant obtained Neethi gas connection through the 1st opposite party from the 2nd opposite party on deposit of Rs.5750/-. At the time of giving connection, the 2nd opposite party undertook to supply refilled gas cylinders as and when required. But according to the complainant, even after repeated demands the 2nd opposite party did not supply the refilled gas cylinders as requested by the complainant and the opposite party had also enhanced the price of the cylinders. Hence he is seeking for the return of the amount of Rs.5750/-. The 2nd opposite party filed a version contending as follows: It is true that the complainant obtained Neethi gas connection from the 2nd opposite party. The opposite party received Rs.5750/- from the complainant at the time of giving connection. The complainant is not entitled to get refund of any amount. The amount deposited by the complainant is expended for giving connection. Hence the complainant is not entitled to get any relief. On the above pleadings the only point for consideration is whether the complainant is entitled to get any relief? It is the admitted fact that the complainant obtained Neethi gas connection from the 2nd opposite party on deposit of an amount of Rs.5750/-. According to the complainant though the 2nd opposite party agreed to supply refilled gas cylinders as and when required, they did not supply refilled gas cylinders as requested by the complainant. Hence he is seeking for the refund of the amount. The 2nd opposite party contended that the amount cannot be refunded and it is not a deposit and the opposite party is entitled to retain the amount. But no authority is produced to show under what ground they are entitled to retain the amount. Hence we find that the complainant is entitled to get refund of Rs.5250/-. In the result the petition is allowed and the 2nd opposite party is ordered to pay an amount of Rs.5250/- to the complainant and on receipt of the amount the complainant is bound to return the gas cylinders and regulator to the 2nd opposite party. Pronounced in the open court this the 5th day of May 2008. Sd/- Sd/- Sd/- PRESIDENT MEMBER MEMBER (Forwarded/By Order) Senior Superintendent.
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