BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 02/2007 Filed on 02.01.2007<br /> Dated : 30.06.2008<br /> <br /> Complainant:<br /> Sundaresan Nair, Manju Nivas, Koliyacode, now residing at Ambadi, Koliyacode P.O, Koliyacode. <br /> <br /> (By adv. S. Pradeep)<br /> <br /> Opposite parties:<br /> <br /> 1.The Managing Director, Kerala State Co-operative Consumer Federal Ltd., Gandhi Nagar, Ernakulam.<br /> <br /> 2.The Secretary, Koliyacode Consumer Co-operative Society, Koliyacode P.O, Thiruvananthapuram. <br /> <br /> This O.P having been heard on 15.05.2008, the Forum on 30.06.2008 delivered the following:<br /> ORDER <br /> SMT. BEENAKUMARI.A. MEMBER<br /> The facts of the case are as follows: The complainant has taken a Neethi gas connection from the opposite parties by remitting Rs. 6185/- as security deposit. The complainant was not at all satisfactory with the service rendered by the opposite parties. The 2nd opposite party has failed to supply the refilled gas cylinders as and when required by the complainant and also the price of the above gas is very high compared with other gas connection. To that effect, on 19.07.2006 the complainant sent a notice to the opposite parties calling upon to repay the said deposited amount. There is no reply from the opposite parties. Hence the complainant filed before this Forum. <br /> The opposite parties are ex-parte. The complainant has filed affidavit and examined as PW1 and 4 documents were marked as Exts. P1 to P4. <br /> Points to be considered:<br /> (i)Whether there is deficiency in service or unfair trade practice from the side of opposite parties?<br /> (ii)Whether the complainant is entitled to get the reliefs sought for?<br /> (iii)Costs.<br /> Points (i) to (iii):- In this case the complainant has produced Exts. P1 to P4 to prove his complaint. Ext. P1 is the notice issued by the complainant to the opposite parties demanding the repayment of the deposit amount. Ext. P2(a) and P2(b) are the acknowledgement cards signed by the opposite parties. Ext. P3 series are the postal receipts. Ext. P4 is the receipt of Rs. 6038/- issued by the 2nd opposite party Koliyacode Consumer Co-operative Society Ltd. As per Ext. P4 the payment of Rs. 6038/- is the advance for Neethi gas. <br /> The main allegation of the complainant is that the opposite parties failed to supply the refilled gas cylinders as and when required by the complainant and also the price of the Neethi gas is very high compared with other gases. But the complainant failed to establish deficiency in service on the part of opposite parties. There is no documents to show that opposite parties failed to supply gas as and when required by the complainant and no document to prove that the opposite parties delayed in supply of refilled gas cylinders to the complainant as and when booked by the complainant. <br /> For the above mentioned reasons this Forum finds that the opposite parties are bound to cancel the gas connection as and when the complainant demanded for cancellation. But the opposite parties did not do so. This omission of the opposite parties amount to unfair trade practice. The 1st opposite party in this case is Kerala State Co-operative Consumer Federal Ltd. It is a consumer welfare organisation. The object of the opposite party is not profit motive. Moreover the complainant has been availed the services of the opposite parties for more than 7 years. The complainant has not produced any document to show that the advance amount paid by him to the gas connection is refundable or not. Hence we have concluded that out of Rs. 6185/-, the complainant is entitled to get Rs. 2500/- from the opposite parties. <br /> In view of the foregoing discussions, this Forum allowed the complaint partly. <br /> <br /> The complainant shall surrender two cylinders and regulator to the 2nd opposite party and the 1st opposite party shall refund Rs. 2500/- to the complainant with 9% interest per annum from 19.07.2006 till the realisation of the amount. And also directed the opposite party to pay Rs. 1000/- as costs to the complainant. Time for compliance two months. <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th June 2008. <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER <br /> <br /> C.C.No. 02/2007<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Sundaresan Nair<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Copy of notice dated 19.07.2006 issued by the complainant to the opposite parties demanding repayment of deposit amount.<br /> <br /> P2(a) - Acknowledgement card signed by 1st opposite party.<br /> <br /> P2(b) - Acknowledgement card signed by 2nd opposite party.<br /> <br /> P3(a) - Postal receipt dated 19.07.2006 addressed to 1st opposite party.<br /> <br /> P3(b) - Postal receipt dated 19.07.2006 addressed to 2nd opposite party.<br /> <br /> P4 - Receipt dated 22.06.1999 for Rs. 6038/-issued by the 2nd opposite party.<br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> NIL<br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> NIL <br /> <br /> <br /> PRESIDENT<br />