<br /> ORDER<br /> Smt. C. Lathika Bhai (Member):<br /> <br /> The complainant has filed this complaint against the opposite parties for a relief from the Forum.<br /> <br /> 2. The facts of the complaint are the following:- The complainant is a consumer of Neethi gas connection supplied by the first and second opposite parties functioning under the supervision of 3rd and 4th opposite parties. There was continuing deficiency in supply of filled gas cylinders by opposite parties. Due to the deficiency in service of the opposite parties, a complaint was filed as O.P.380/2000 before the Forum against the opposite parties earlier. That complaint was disposed by allowing the complaint to realise Rs.5,000/- as compensation and Rs.1,500/- as cost from the opposite parties for the deficiency of service. The complainant approached the first and second opposite parties to get the amount and requested them to provide filled gas cylinders. Then the opposite parties insisted the complainant to deliver the regulator and cylinder at the bank and accordingly the complainant surrendered the regulator and cylinder after obtaining receipt for it. After that, the opposite parties remitted the awarded amount in O.P.380/2000 before the Forum and the complainant collected the said amount from the Forum. The complainant’s allegation is that after receiving regulator and cylinder, opposite parties remitted the awarded amount and he is entitled to get the cylinder deposit of Rs.6,202/- from the opposite parties. The complainant had sent a registered notice dated 23.8.2005 to the opposite parties demanding the return of the deposit amount of Rs.6,202/- or to provide uninterrupted house delivery of the refilled gas cylinders. Even after the receipt of notice, the opposite parties have not taken any step to redress the grievances of the complainant and now the complainant is not interested to continue the service from the opposite parties. Therefore, the complainant filed this complaint for getting the deposited amount with interest along with reasonable compensation and cost.<br /> <br /> 3. The first and second opposite parties filed a common version stating the following contentions:- The first and second opposite parties admitted issuance of gas connection to the complainant. The complainant filed an O.P. before this Forum as O.P.380/2000against the opposite parties and same was disposed of by allowing the complainant to realise Rs.6,500/- as compensation and cost. The second opposite party informed the complainant to collect the amount from the 2nd opposite party several time by letter and through telephone. The complainant did not turned up. So the amount was deposited before the Forum and the complainant had collected the amount from the Forum. The complainant never demanded to refill the cylinder and continue the service. If the complainant demanded for supply of filled gas cylinder they are ready to supply it. He has voluntarily surrendered the regulator and cylinders and they have also issued receipt for it. The complainant neither demanded the supply of refilled cylinder nor the deposited amount. If the complainant demanded for that they are ready to avail this hence the complainant had no grievance about this matter and there is no deficiency of service from the part of them. So the complainant is not entitled to get any amount of compensation and canvassed for the dismissal of complaint. <br /> <br /> 4. Third and fourth opposite parties also filed common version with the following contentions. The main contention is that the complainant is not a consumer as defined in C.P. Act. Third opposite party is a Co-operative Society governed by the provisions of the Kerala Co-operative Societies Act 1969. The fourth opposite party is the parental organization of 3rd opposite party. Therefore, this Forum has no jurisdiction to entertain a complaint filed against the 3rd and 4th opposite party. They are not legally bound to the door delivery of the gas to the customers. The Neethi Store is not functioning under the 1st and 2nd opposite party, the distribution of the Neethi gas is being done by the 3rd opposite party through selected co-operative societies in the district. The 1st and 2nd opposite party is one among such societies. Neethi Store attached to the society does not come under 3rd and 4th opposite parties and is under the control of the society itself. There is no deficiency of service from the part of 1st and 2nd opposite party in delivery of gas to the customers of the society, 3rd and 4th opposite party properly provided the gas required for the society. The complainant never requested or demanded for refilled cylinders. Therefore, the complaint has no locus standi to institute this complaint against the opposite parties. The complainant is not entitled to get back the amount or interest of Rs.6,202/- paid by the complainant for taking the connection. The complainant is not entitled to get any compensation or relief as claimed for in the complaint.<br /> <br /> 5. The points for consideration in this complaint are the following:-<br /> <br /> (1)Whether this complaint is maintainable before the Forum?<br /> (2)Whether the complainant is entitled to get a relief as prayed for<br /> in the complaint?<br /> (3)Compensation and Cost?<br /> <br /> 6. The evidence in this case consists of the oral evidence of the complainant who has been examined as PW1, Exts.A1 to A10 were marked. For the opposite parties no oral or documentary evidence adduced. After closure of the evidence, both sides heard. <br /> <br /> 7. Point No. 1:- For considering the 1st issue, the 3rd opposite parties contention that the opposite parties are governed by the Kerala Co-operative Societies Act is not sustainable. The provisions of C.P. Act provides better protection for the rights of consumers, the complainant is a consumer as defined in Sec.2 (d) of C.P.Act and according to Sec.3 of the Act, the Act is in addition to and not in derogation of the provisions of any other law. Hence the Forum has jurisdiction to entertain this complaint and this complaint is maintainable before the Forum.<br /> <br /> 8. Point Nos.2 and 3:- In order to support the complainant’s case, the complainant has filed an affidavit and on the basis of affidavit he has been examined as PW1 and Exts.A1 to A10 were marked. PW1 stated that on 11.4.1998 he had remitted Rs.500/- to 1st and 2nd opposite party for getting gas connection. The receipt issued by them produced is marked as Ext.A2. After getting connection, the gas supply was not regular. PW1 approached 1st and 2nd opposite party for getting refilled gas cylinders. On 27.9.2000, they had received Rs.182/- as the price of refilled gas cylinder and they failed to supply gas cylinder. The cash receipt issued by 1st and 2nd opposite party for Rs.182/- produced is marked as Ext.A3. On 5.12.2000, they demanded additional charges for Rs.35.20 for getting filled gas and he has not given the additional charge as per their demand and they have not supplied gas to PW1. Due to the non-supply of filled gas cylinders to PW1, PW1 has suffered mental agony for that he filed an O.P.366/2001 before the Forum and that O.P was allowed in favour of the complainant by awarding Rs.5,000/- as compensation and Rs.1,500/- as cost from opposite parties. The copy of order in O.P.366/01 has been produced is marked as Ext.A4. On 7.7.2005 as per the demand of 1st and 2nd opposite party PW1 surrendered the regulator and cylinder to them after receiving a receipt of acceptance. The receipt issued by the 2nd opposite party is marked as Ext.A5. On 18.8.2005, 2nd opposite party sent a letter to PW1 informing the remittance of awarded amount of Rs.6,500/- in O.P.366/01, before the Forum. The letter sent by the 2nd opposite party produced is marked as Ext.A6. On 23.8.2005, PW1 sent a legal notice to all opposite parties demanding to return of the cylinder deposit with interest or to provide uninterrupted door delivery of filled gas cylinders. The copy of advocate notice produced by PW1 is marked as Ext.A7. Postal receipts for the notice produced (4 in numbers) is marked as Ext.A8 to A8(c) series. Acknowledgement cards 3 in number produced is marked as Exts.A9 to A9(b) series. The cash receipt issued by the 1st and 2nd opposite party on 18.11.99 for the price of the filled gas cylinder is produced by PW1 is marked as Ext.A10. The opposite parties did not return the regulator and gas cylinder or the deposit amount received from PW1, for redressing his grievances, PW1 filed this complaint and prayed for allowing the complaint.<br /> <br /> 9. The learned counsels for opposite parties cross-examined PW1. At the time of cross-examination, PW1 stated that he never demanded for getting filled gas cylinder from opposite parties at the time of pending O.P.366/01 before the Forum or after the disposal of the O.P. In O.P.366/01, there is no prayer for getting the deposit amount collected by first and second opposite parties at the time of issuing connection. On the demand of first and second opposite parties, PW1 surrendered the regulator and gas cylinder to them for proving their demand, there is no documentary evidence. The awarded amount in O.P.366/01 was remitted before the Forum after receiving the regulator and gas cylinder by first and second opposite parties. Further, he stated that after filing O.P.366/01, due to the failure of gas supply from opposite parties, he has taken new gas connection from IOC.<br /> <br /> 10. At the time of cross examination of PW1 by 3rd and 4th opposite parties, PW1 stated that he had no knowledge that the 3rd and 4th opposite parties are governed under the provisions of Kerala Co-operative Societies Act and he added that he is not aware whether the 3rd and 4th opposite parties have any control over first and second opposite parties. He also deposed that he had not complained about the failure of gas supply before the Director Board.<br /> <br /> 11. The documents produced in this case were marked as Exts.A1 to A10. Ext.A1 is the receipt-dated 11.4.1998 for Rs.500/- as advance for the gas connection issued by the first and second opposite parties. Ext.A2 is the receipt for Rs.5,520/- for the connection deposit and the price of the gas dated 25.9.1998. Ext.A4 is the order in O.P.366/01. Ext.A5 is the acknowledgment card dated 7.7.2005 issued by the first and second opposite parties with regard to acceptance of the cylinder and regulator. Ext.A6 is the intimation dated 13.8.06 intimating the complainant of the depositing of the amount awarded in O.P.366/01 before the Forum. Ext.A7 is the copy of legal notice dated 23.8.2005 issued by the complainant to the opposite parties. Exts.A8 and A9 series are the postal receipts and Acknowledgment cards of Ext.A7 legal notice. Ext.A3 and Ext.A10 are receipts for refilling of the cylinder. The opposite parties have no oral or documentary evidence. After closure of evidence, both sides heard.<br /> <br /> 12. The point for consideration is whether the complainant is entitled to get the deposit as per Exts.A1 and A2 on surrender of the gas connection. There is no dispute regarding the acceptance of Exts.A1 and A2 deposit. As per the demand from the first and second opposite parties, the complainant had surrendered the regulator and gas cylinder to second opposite party. Now the complainant has another gas connection and he is regularly using it. At the time of deposition, the complainant stated that he is not interested to continue the service from the opposite parties and he is entitled to get the deposited amount with interest from opposite parties. The opposite parties received the amount as the deposit for the regulator and the cylinder. The regulator and cylinder were surrendered to opposite parties as per Ext.A5. Irrespective of Ext.A7 legal notice, opposite parties does not supplied gas or returned the deposit. Nothing on record to justify the acts of opposite parties. Hence, the complaint is allowable. However Ext.A4, this Forum had found deficiency of service and awarded compensation in favour of the complainant in O.P.366/01. The complainant received the awarded amount also. In the circumstances, complainant is not entitled to get any further compensation for deficiency of service and the complainant is entitled only to get the deposit of Rs.5,750/- and a cost of Rs.500/- from opposite parties 1 and 2 as they have not returned the deposit irrespective of Ext.A7 legal notice.<br /> <br /> 13. In the result, the complaint is allowed with modifications, thereby the complainant is allowed to realise Rs.5,750/- (Rupees Five thousand seven hundred and fifty only) from the first and second opposite parties with interest @ of 9% per annum from the date of this C.C. till this date and thereafter @ 6% interest per annum till whole realisation with a cost of Rs.500/- (Rupees Five hundred only). The first and second opposite parties are directed to pay the amounts so awarded in favour of the complainant within 2 months from the date of receipt of the order.<br /> <br /> Declared in the Open Forum on this the 28th day of June, 2008.<br /> <br /> <br /> C. Lathika Bhai,<br /> (Member)<br /> Sri. Jacob Stephen (President) :<br /> <br /> Sri. N. Premkumar (Member) :<br /> <br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : P.R. Sasi.<br /> Exhibits marked on the side of the complainant:<br /> A1 : Receipt dated 11.4.1998 for Rs.500/- issued by the first and second opposite <br /> parties to the complainant.<br /> A2 : Receipt dated 25.9.1998 for Rs.5,520/- issued by the first and second opposite <br /> parties to the complainant.<br /> A3 : Cash receipt dated 27.9.2000 for Rs.182/- issued by the first and second<br /> opposite parties to the complainant.<br /> A4 : Copy of order dated 13.4.2005 in O.P.366/01 on the file of the CDRF,<br /> Pathanamthitta.<br /> A5 : Letter dated 7.7.2005 issued by the second opposite party to the complainant.<br /> A6 : Letter dated 13.8.2005 issued by the second opposite party to the complainant.<br /> A7 : Photocopy of the legal notice dated 23.8.2005 sent by the complainant to the<br /> opposite parties.<br /> A8, A8(a), A8(b) & A8(c) : Postal receipts (4 in number).<br /> A9, A9(a) & A9(b) : Acknowledgment cards (3 in number).<br /> A10 : Cash receipt dated 18.11.1999 for Rs.144/- issued by the first and second <br /> opposite parties to the complainant.<br /> Witness examined on the side of the opposite parties : Nil.<br /> Exhibits marked on the side of the opposite parties : Nil.<br /> <br />