D.o.F:1/6/2010 D.o.O:05/10/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 127/10 Dated this, the 05th day of October 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Smt.B.Malathi Devi, W/o K.V.Raghuraman, Navajivana High School, Perdala Po, : Complainant R/at Badiadka,Kasaragod 1. Managing Director, Kerala State Co-operative Consumers- Federation Ltd, Pb.No.2068,Gandhi Nagar, Cochin-20 : Opposite parties 2. The Secretary, Kumbdaje Service Co-op Bank, Movvar, Badiadka,Kasaragod. ORDER SRI.K.T.SIDHIQ: PRESIDENT: The case of the complainant is that she availed LPG gas connection through opposite party No.2 on deposit of security ` 5750/-. The supply was very irregular therefore she requested the opposite parties to cancel her connection and refund the security amount. But they refused her demand . Hence the complaint praying for an order against opposite parties to cancel gas connection and refund the deposited amount with compensation of ` 3000/-. 2. Notice issued to opposite parties served. But Ist opposite party remained absent and set exparte. 2nd opposite party filed version. According to them that they are only the agent and the payments are made of Ist opposite party only . 2nd opposite party admitted the LPG connection provided to the complainant and the acceptance of security amount. The contention of 2nd opposite party is that the complainant’s request is only to transfer the connection from Badiadka to Nileshwar but not to cancel the connection. There is no deficiency in service on the part of 2nd opposite party hence the complaint deserves dismissal. 3. Complainant examined as PW1 and Ext A1 marked. During evidence, PW1 deposed that she did not want the connection since the opposite parties are not prompt in supplying the gas and she approached 2nd opposite party to cancel the connection and it was told that only ` 2000/- is repayable. 4. When a consumer voluntarily expresses the willingness to terminate the consumership it is the duty of the service provider/traders to refund the security deposit and no consumer can be compelled to continue the customer relationship as against there will . similarly the non-payment of entire security deposit is also amounts to deficiency in service. Therefore the complainant is entitled to get the entire security deposit ` 5750/-. Hence the complaint is allowed and opposite parties are jointly and severally directed to refund ` 5750/- to the complainant within one month from the date of receipt of copy of order. Before receipt of payment the complainant shall surrender the gas cylinder and regulator to the opposite party No.2 and obtain the surrender certificate. If opposite parties failed to refund the amount within one month then the amount of ` 5750/- will carry interest @9% from the date of complaint till payment. Sd/ Sd/ MEMBER PRESIDENT Ext.A1-deposit receipt eva/ /Forwarded by order/ SENIOR SUPERINTENDENT
| HONORABLE P.Ramadevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | , | |