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Thread: Kerala state consumer fed

  1. #1
    admin is offline Administrator
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    Default Kerala state consumer fed

    ORDER
    By Smt. C.S. Sulekha Beevi, President


    According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint.


    2. Opposite party No.1 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount.


    3. Opposite party No.2 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.1 and that there is no deficiency of service on their part.


    4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable. 5. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any. 6. In the result the complaint is allowed and opposite party No.1 and 2 are jointly and severally ordered to refund the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him.
    Regards,
    Admin,

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  2. #2
    admin is offline Administrator
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    Default

    ORDER
    By Smt. C.S. Sulekha Beevi, President


    According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint.


    2. Opposite party No.1 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.2 and that there is no deficiency of service on their part.


    3. Opposite party No.2 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount.


    4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable. 5. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any. 6. In the result the complaint is allowed and opposite party No.1 and 2 are jointly and severally ordered to refund the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him.
    Regards,
    Admin,

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  3. #3
    admin is offline Administrator
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    Default Kerala state co operative consumer federation ltd

    T.IBRAHIM
    ...........Appellant(s)
    Vs.

    BRANCH MANAGER, NEDIYIRUPPU SERVICE CO OP BANK

    KERALA STATE CO OPERATIVE CONSUMER FEDERATION LTD
    ...........Respondent(s)

    BEFORE:
    1. AYISHAKUTTY. E
    2. C.S. SULEKHA BEEVI
    3. MOHAMMED MUSTAFA KOOTHRADAN


    Complainant(s)/Appellant(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):




    ORDER
    By Smt. C.S. Sulekha Beevi, President


    According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint.


    2. Opposite party No.1 which is a bank contended that the said amount received from the complainant has been remitted to opposite party No.2 and that there is no deficiency of service on their part.


    3. Opposite party No.2 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount.


    4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable. 5. Payment of the amount of Rs.5750/- is admitted. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any. 6. In the result the complaint is allowed and opposite party No.1 and 2 are jointly and severally ordered to refund the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him.
    Regards,
    Admin,

    ** PMs asking me for support will be deleted unless I've asked you to PM me with additional details **

  4. #4
    adv.singh is offline Senior Member
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    2,003

    Default

    consumer case(CC) No. CC/09/180

    T Khadeeja, W/o Yousuf, Thottumoth house, Koyyod post, Kannur Dt.
    ...........Appellant(s)

    Vs.

    2. Managing Director, Kerala State Coop Consumer Federation Ltd., @@@@hi Nagar, Kochi -682020.

    3. Koldy Petorlium India Ltd., Moongilamada, Vannamada, Kozhinchampara, Palakkad.

    1. The Secretary, Koyyod SC Bank Ltd., Koyyod post, Kannur Dt.
    ...........Respondent(s)


    BEFORE:
    1. GOPALAN.K
    2. JESSY.M.D
    3. PREETHAKUMARI.K.P


    Complainant(s)/Appellant(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):




    ORDER

    IN THE C0ONSUMER DISPUTES REDRESSAL FORUM, KANNUR



    Present: Sri.K.Gopalan : President

    Smt.K.P.Preethakumari : Member

    Smt.M.D.Jessy : Member



    Dated this the 5th day of December , 2009



    C.C.No.180/09



    Smt.T.Kadeeja, W/o.Yusaf,

    Aged 53 years,

    Thottummoth House, : Complainant

    P.O.Kayyode,

    Kannur District.



    1. The Secretary,

    Koyyode Service Co-operative Bank Ltd.,

    P.O.Koyyode,

    Kannur District, : Opposite Parties



    2. The Managing Director,

    Kerala State Co-operative Consumer Federation,

    @@@@hi Nagar, Kochi.



    O R D E R

    Sri.K.Gopalan, President



    This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the Opposite Party to refund Rs.5750/- with interest and cost. The brief facts of the complainant’s case are as follows.

    The complainant has taken cooking gas connection from the Opposite Parties through 1st Opposite Party. It is understood that the LPG gas distributed by Opposite Parties jointly. The gas cylinder is distributed through the Neethi Store to consumers. At the time when she was taking cooking gas connection, she paid Rs.500/- on 13.04.98 and Rs.5250/- on 25.04.98 to the 1st Opposite Party. It was promised by the 1st Opposite Party at the time payment that the amount of Rs.5750/- will be returned at the time when the equipments are returned. The 1st Opposite Party did not distribute the gas regularly and the gas distributed was quantitatively and qualitatively inferior. The weight of the cylinder was less and when complained to the 1st Opposite Party she was told that it can be explained only by the 2nd and 3rd Opposite Parties. Because of the above said reason the complainant returned the gas connection on 02.04.09 and demanded for the amount of Rs.5750/- to be returned. But the 1st Opposite Party was not ready to give the amount back. He said the amount collected from her was sent to the 2nd Opposite Party. Hence the Opposite Parties are liable to return the amount of Rs.5750/- received from her. Since the amount is not refunded on demand the complainant is compelled to file this complaint.

    In pursuant of the notice the 2nd and 3rd Opposite Parties sent their version but remained absent before the Forum.

    The 2nd Opposite Party contented that the allegation of complainant is not fully correct. It is true that at the time of giving cooking gas connection, the Consumerfed had received Rs.5750/- from all the customers including the complainant herein. But out of this amount of Rs.5500/- was given to M/s.Koldy Petroleum India Ltd. and Rs.100/- to Primary Societies through which connection was availed. The Consumerfed appropriated only Rs.150/-. The statement in the complaint that the gas supply is inferior quality and of lesser weight than envisaged is totally baseless and is denied. As per the scheme gas cylinders have been supplied through Societies at a rate of one cylinder per month. If the consumer had approached the Societies for filled cylinders the Society in turn would have sought for the same with Consumerfed. In all such cases Consumerfed has ensured delivery of cylinders to the Societies. The distribution of gas connection disturbed only because of M/s.Koldy Petroleum India Ltd., stopped the supply abruptly. This Opposite Party has been rendering the service to the complainant and other consumers from 1998 onwards without getting any monetary benefit. Considering the above facts 2nd Opposite Party prays to consider the service utilized by the complainant and to deny the refund of connection fee to the complainant.

    The 3rd Opposite Party contended that the 3rd Opposite Party was not liable to refund any amount to the complainant in the absence of any contract to that effect. The 2nd Opposite Party , Consumerfed has performed the supply of gas to the consumers and in case of failure, if any, 2nd Opposite Party is liable for the same. The Consumerfed is to pay the amount agreed between them as connection fee payable for each domestic connection to the 3rd Opposite Party, less applicable commission per connection payable to them. The 3rd Opposite Party has thus supplied the LPG connection consisting of 2 cylinders and one regulator per each connection to the Kerala State Co-operative Consumer Federation, Kochi and has fulfilled their part of contract. In the absence of any agreement between the complainant and the 3rd Opposite Party the 3rd Opposite Party has not offered any service to the petitioner and thus 3rd Opposite Party has no liability to make any payment to the complainant. In the above circumstances, the 3rd Opposite Party is prayed to dismiss the case against them.

    On the above pleadings the following issues have been taken for consideration.

    1. whether there is any deficiency on the part of the Opposite Parties?
    2. whether the complainant is entitled for any relief as prayed in the complaint?
    3. Relief and costs.



    The evidence consisting of the chief affidavit filed by the complainant and Exts.A1 to A3.



    Issues 1 to 3

    Admittedly complainant took cooking gas connection from Opposite Parties paying an amount of Rs.5750/-. Exts.A1 and A2 and the admission of 2nd Opposite Party proves that the complainant has paid Rs.5750/- at the time of availing the gas connection. The case of the complainant is that he has disconnected the gas connection due to irregular distribution of gas and distribution of inferior quality and less weight as envisaged. On going through the evidence, it can be seen that there was no regular gas supply. It is quite understandable that if there is no gas available there is no use of connection and it will cause many problems in the day-to-day life of the consumer. Since there is no regular supply of gas there is no need to hesitate to hold that there is deficiency in service on the part of the Opposite Party. It can also be seen that the gas distribution as such is a joint venture of all the Opposite Parties. Hence all the Opposite Parties are liable to refund the amount received from the consumer. Considering the ground reality existing for the time being, the Forum is not awarding compensation and cost, The 1st, 2nd and 3rd Opposite Parties jointly and severally are liable to refund Rs.5750/- to the complainant. Issues 1 to 3 are answered in favour of the complainant.

    In the result, the complaint is allowed directing the Opposite Parties to refund an amount of Rs.5750/- to the complainant within one month of receipt of this order, failing which the complainant is entitled to execute the order under the Provisions of Consumer Protection Act.

  5. #5
    adv.singh is offline Senior Member
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    Default Kerala state consumer fed

    consumer case(CC) No. CC/09/227

    JYOTHI.K
    ...........Appellant(s)

    Vs.

    SECRETARY VAZHAYOOR SERVICE CO OPRATIVE BANK

    KEWRALA STATE CONSUMER FED,

    KOLDYPETROLIUM INDIA LTD
    ...........Respondent(s)
    BEFORE:
    1. AYISHAKUTTY. E
    2. C.S. SULEKHA BEEVI
    3. MOHAMMED MUSTAFA KOOTHRADAN


    Complainant(s)/Appellant(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):


    OppositeParty/Respondent(s):

    ORDER

    By Smt. C.S. Sulekha Beevi, President

    1. According to the complainant he availed of a gas connection from the opposite parties by depositing a sum of Rs.5750/-. As the supply of gas was irregular the complainant does not wish to continue consumership under the opposite parties and hence requested for refund of Rs.5750/- deposited by him with the opposite parties. The opposite parties did not accede to his claim. Hence the complaint.

    2. Opposite party No.1 which is a bank contended that the said amount received from the

    complainant has been remitted to opposite party No.2 and that there is no deficiency of service on their part.

    3. Opposite party No.2 and 3 contended that the petition is not maintainable before the Forum. Further that the supply of gas became irregular because M/s Koldy Petroleum India Ltd. with whom second opposite party had tie up withdraw from the supply of gas. The complainant is not entitled for refund of the amount.

    4. It is well settled preposition of law that Forum can exercise jurisdiction over service rendered by Co-operative societies. We have therefore no hesitation to hold that the complaint is maintainable.

    4. Payment of the amount of Rs.5750/- is admitted by opposite party No.1. Nobody can be compelled to be a consumer. Complainant can at any time withdraw from the consumer relationship with opposite parties. At the time of withdrawal he is certainly entitled to get refund of the amount deposited by the complainant. Complainant is liable to surrender the empty gas cylinders and regulator if any.



    5. In the result the complaint is allowed and opposite party No.1 and 3 is ordered to refund to the complainant a sum of Rs.5750/-(Rupees five thousand seven hundred and fifty only) along with cost of Rs.500/- (Rupees five hundred only) within three weeks from the date of receipt of copy of this order. On receipt of the refund the complainant shall return the empty cylinders and regulator if any with him.

  6. #6
    Unregistered Guest

    Default Government employee

    Dear sir,

    Being the mostly populated place in the ernakulam, vazhakkala is badly needed a Triveni Super Market. But until now, nobody has taken interest on that. Hope the Consumer fed will consider it positively.

  7. #7
    sirajch Guest

    Exclamation chappel cheating

    i am buy a chappel worth rs 390 ,they cannot give any bill for it,after 3 days that chappel is became useless ,and i am goto that shop they cannot make good respons please help me
    Shop address
    Arafa chappals
    Wandoor
    Wandoor po
    Malappuram
    Kerala

  8. #8
    Badushbabu is offline Junior Member
    Join Date
    Sep 2011
    Posts
    2

    Thumbs down Sir, high price and selling free gifts.

    Sir,A stationary shop named 'Gift House' in vandiperiyar is taking extra price for the products and they are "Selling selling free gifts offered by company" Hope sir u will take necessory action against the shopkeeper.Shop address.GIFT HOUSE.VANDIPERIYAR.p.o.IDUKKI DIST.KERALA.PIN 685533.kindly take necessory action as early as possible.
    Last edited by Badushbabu; 09-03-2011 at 02:23 PM.

  9. #9
    Badushbabu is offline Junior Member
    Join Date
    Sep 2011
    Posts
    2

    Thumbs down Sir, high price and selling free gifts.

    Sir,A stationary shop named 'Gift House' in vandiperiyar is taking extra price for the products and they are "Selling selling free gifts offered by company" Hope sir u will take necessory action against the shopkeeper.Shop address.GIFT HOUSE.VANDIPERIYAR.IDUKKI DIST.KERALA.PIN 685533kindly take necessory action as early as possible.

  10. #10
    krishna5747@gmail.com Guest

    Default construction of temp shed at varkala

    sir
    conSumerfed has constrcted a temp shed in front of varkala branch of CORPORATION BANK YESTERDAY NIGHT. blocking the frontage and pathway causing difficulties to both the bank and its consumers. the bank is functioning in my building near varkala rly stn. the site is a disputed one currently under the examination of varkala MUNCIF COURT under os 300/2011 and is in a status co position as agreed by the defendent advocate.
    kindly use your good office to rectify the inconveniences caused to the bank by removing the temporary construction at the earliest
    thanking you
    with regards
    dr pk sasidharan
    varkala
    21/11/11
    tel 9447460920



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    CONSUMERFED

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