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 /> O.P.No. 158/2002 Filed on 11.04.2002<br /> Dated : 30.09.2008<br /> Complainants:<br /> 1.COINPAR, Centre of Indian Consumer Protection & Research, Mudavanmugal, Thiruvananthapuram represented by its Secretary General M.A. Vahab.<br /> <br /> 2.S. Biju, Scientist/Engineer, SC, RPFF/RFF/VSSC, ISRO P.O, Thiruvananthapuram. <br /> <br /> 3.S. Bindu, 'Bindu, T.C 4/837, A7, Kowdiar P.O, Thiruvananthapuram<br /> <br /> Opposite parties:<br /> <br /> 1.The Managing Director, Kerala State Co-operative Consumers Federation Ltd., Gandhi Nagar, Ernakulam, Cochin – 682020.<br /> <br /> 2.The Manager, Kerala State Co-operative Consumers Federation Ltd., Poojappura, Thiruvananthapuram.<br /> <br /> (By adv. Nalanchira P. Krishnankutty)<br /> <br /> 3.The Secretary, Peroorkada Service Co-operative Bank Ltd. No. 1412, Thiruvananthapuram – 695 005.<br /> <br /> 4.The Manager, Sri Shakthi LPG Ltd., Venus Plaza, Begumpet, Hyderabad – 500 016.<br /> <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 21.04.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 05.08.2008, the Forum on 30.09.2008 delivered the following:<br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The 1st complainant in this case is COINPAR, a registered consumer welfare organization and 2nd and 3rd complainants are Biju and his wife Bindu. The opposite parties are Kerala State Co-operative Consumer Federation and others. The 3rd complainant had booked L.P.G connection as per receipt No. 1242 dated 25.03.1998 and paid Rs. 500/- as registration fee, which is indicated as non-refundable and a consumer No. 225 was allotted. The 3rd opposite party collected an advance amount of Rs. 5250/-along with cost of fuel of Rs. 270/- on 01.07.1998. The opposite parties never issued receipts or refills at the time of return of empty cylinder. The complainant was not at all satisfied with the service rendered by the opposite parties. The 3rd opposite party has failed to supply the refilled gas cylinders as and when required by the complainant. The opposite parties did not supply the refill even during Onam or Christmas Festivals of 2001. Even though the empty cylinder was returned on 24.08.2001, no refill was supplied till 27.09.2001. Irregular and non-supply of refills caused inconvenience, severe mental agony and loss to the consumer complainant. Under these circumstances the complainant sent notices to the opposite parties for cancellation of the LPG connection and requested for reimbursement of advance amount of Rs. 5250/-. Due to the deficient service of the opposite parties the complainant has taken a fresh LPG connection on 30.01.2002. As per the complainants any amount of compensation will be insufficient to heal the injury and damages caused to them. The 2nd and 3rd complainants approached the 1st complainant and on 01.02.2002the 1st complainant sent a notice to the opposite parties for and on behalf of 2nd and 3rd complainants. But the opposite parties did not respond. Hence the complainants approached this Forum for the redressal of their grievances. <br /> In this case the 1st and 2nd opposite parties filed version. Others are set exparte. The 1st and 2nd opposite parties admitted that the complainant had applied for Neethi gas connection and accordingly they were given Neethi gas connection on payment of Rs. 5750/-. The 2nd opposite party is only a distributor of gas refills as per the supply of the same by the 4th opposite party the Sree Sakthi Gas Agencies, the wholesale distributor. Due to delay in supply of refills by 4th opposite party, the 2nd opposite party could not supply the same in time to the complainant. This is due to the scarcity of the same. They stated that the lack of supply for a short period does not raise cause of action. They contended that there is no deficiency of service or unfair trade practice on the part of the consumer Federation. According to the opposite parties 1 and 2, the 4th opposite party is liable to compensate the consumer. According to them the consumerfed has entered into the business of supply of LPG after obtaining declaration from the consumer that they will not ask refund of money in case of any default. The 1st and 2nd opposite parties therefore prayed for the dismissal of the complaint. <br /> The complainant filed affidavit and produced 13 documents. The documents produced by the complainants were marked as Exts. P1 to P13. The 1st and 2nd opposite parties also filed proof affidavit and produced 3 documents which were marked as Exts. D1 to D3. <br /> Points to be ascertained:<br /> (i)Whether there is deficiency in service from the part of opposite parties?<br /> (ii)Reliefs and costs.<br /> Points (i) & (ii):- The 2nd complainant filed proof affidavit and produced 13 documents to prove their complaint. The document marked as Ext. P1 is the receipt of registration issued by the 3rd opposite party for the amount of Rs. 500/- dated 25.03.1998. Ext. P2 is the gas connection fee receipt dated 01.07.1998 for the amount of Rs. 5250/-. Ext. P3 is the receipt of gas taken on 01.07.1998 of Rs. 270/-. Ext. P4 is the copy of notice issued by the 1st complainant to the opposite parties dated 10.07.1998. Ext. P5 is the gas connection certificate issued by the 1st opposite. Ext. P6 is the copy of notice issued by the 3rd complainant demanding repayment of the connection fee by the 1st opposite party. Ext. P7 is the copy of receipt issued by the 3rd opposite party to the 3rd complainant at the time of receiving two empty cylinders. Ext. P9 is the LPG subscription voucher issued by Bharat gas. Ext. P11 is the copy of notice issued by the 1st complainant to the opposite parties. Ext. P12 is the copy of reply notice sent by the 3rd opposite party to the complainant. Ext. P10 is the connection certificate and terms and conditions of the opposite parties. <br /> The 1st and 2nd opposite parties filed proof affidavit and produced 3 documents which were marked as Ext. D1 to D3. Ext. D1 is the copy of agreement between consumerfed and Koldy gas dated 02.03.1998. Ext. D2 is the declaration form. Ext. D3 is the copies of bills of refills issued to the 3rd opposite party by the 2nd opposite party at the time of taking refills. 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. But the complainant failed to establish deficiency in service on the part of opposite parties. There is no document to show that opposite parties failed to supply gas as and when required by the complainant and no document prove that the opposite parties delayed in supply of refilled gas cylinders to the complainant as and when booked by the complainant. In the complaint, the complainants stated that she had remitted Rs. 5750/- as advance deposit amount. The complainant had not produced any document to show that the amount paid by her to the gas connection charge is refundable or not. Though the D2 declaration from 1st and 2nd opposite parties stated that the connection charge of Rs. 5750/- is not refundable. Moreover the complainant has availed the service of the opposite parties for more than 4 years. The 1st opposite party is a Consumer Welfare Organization. The object of the opposite parties are not profit motive. <br /> From the above mentioned discussion, we have concluded 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. So this omission of the opposite parties amount to unfair trade practice. Hence we have concluded that out of Rs. 5750/-, the complainant is entitled to get Rs. 2500/- from the 1st opposite party. <br /> In the result the 1st opposite party is directed to refund Rs. 2500/-to the 3rd complainant with 12% interest per annum from 24.01.2002 till the date of realization of the amount and also directed to pay Rs. 1000/- as compensation and Rs. 1000/- as cost of the proceedings. Time for compliance one month. Other opposite parties are exempted from liability. <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 /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th September 2008.<br /> <br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> G. SIVAPRASAD : PRESIDENT<br /> <br /> S.K. SREELA : MEMBER <br /> <br /> <br /> <br /> <br /> <br /> O.P.No. 158/2002<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> NIL<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of the receipt of registration issued by the 3rd <br /> opposite party dated 25.03.1998.<br /> P2 - Photocopy of gas connection fee receipt dated 01.07.1998 for <br /> an amount of Rs. 5250/-.<br /> P3 - Photocopy of receipt of gas taken on 01.07.1998 of Rs. 270/-.<br /> P4 - Photocopy of notice issued by the 1st complainant to the <br /> opposite parties dated 10.07.1998.<br /> P5 - Photocopy of gas connection certificate issued by the 1st <br /> opposite party. <br /> P6 - Photocopy of notice dated 24.01.2002 issued by the 3rd <br /> complainant demanding repayment of the connection fee by <br /> the opposite party. <br /> P7 - Photocopy of receipt issued by the 3rd opposite party. <br /> P9 - Photocopy of LPG subscription voucher issued by Bharat <br /> Gas.<br /> P10 - Photocopy of connection certificate and terms and conditions <br /> of the opposite parties.<br /> P11 - Photocopy of notice issued by the 1st complainant to the <br /> opposite parties.<br /> P12 - Photocopy of the reply notice sent by the 3rd opposite party. <br /> <br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> D1 - Photocopy of agreement between Consumerfed and Coldy gas dated 02.03.1998.<br /> D2 - Photocopy of declaration form. <br /> D3 - Photocopy of cash/credit bill dated 10.03.2003 for Rs. 7552.50.<br /> D3(a) - Photocopy of receipt for Rs. 5538.50<br /> D3(b) - Photocopy of receipt for Rs. 8890/-.<br /> D3(c) - Photocopy of receipt dated 05.12.2002 for Rs. 9906/-.<br /> D3(d) - Photocopy of receipt dated 07.11.2002 for Rs. 9906/-.<br /> D3(e) - Photocopy of receipt dated 20.09.2002 for Rs. 6096/-.<br /> D3(f) - Photocopy of receipt dated 29.08.2002 for Rs. 9144/-.<br /> D3(g) - Photocopy of receipt dated 18.07.2002 for Rs. 8128/-.<br /> D3(h) - Photocopy of receipt dated 20.06.2002 for Rs. 6096/-.<br /> <br /> <br /> <br /> <br /> <br /> PRESIDENT<br /> <br />