IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR Present: Sri.K.Gopalan: President K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 2nd day of January, 2010 C.C.No.93/09 Chaladan Gopi, S/o Pythal, Keezhoth House : Complainant P.O.Melur, Via Palayad, Thalassery. Vs. - M/s.Koldy Gas,
Koldy Petroleums India Ltd., Moongilmada, Vannamada, Kozhimjampara, : Opposite Parties Palakkad. - M/s.Neethi Store
Dharmadam Service Co-operative Bank Ltd., Dharmadam P.O.- 670 106. - The Kerala State Co-operative Consumer Federation Ltd.,
Ernakulam, Cochin-682020. O R D E R Smt. M.D.Jessy, Member This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to return the advance amount of Rs.5750/- with interest at the rate of 12% and also to pay an amount of Rs.25,000/-. The case of the Complainant is as follows: The Complainant had taken a cooking gas connection through Neethi Store, Dharmadam Service Co-operative Bank. The Complainant had paid an amount of Rs.5750/- through that Bank. The Opposite Parties agreed to supply cylinder weighing 12 Kg. for an amount of Rs.400/-. But after that the Opposite Parties neither supplied gas cylinder nor returned the amount paid at the time of booking. The Complainant demanded the amount for several occasions. But Opposite Party has not paid the amount. This act of Opposite Parties amounts to deficiency in service. On receiving the complaint notices were issued to Opposite Parties. The Opposite Party, Consumerfed sent their version admitting that the Complainant had availed gas connection paying Rs.5750/- and the Consumerfed had received Rs.5750/- from all the consumers including the Complainant in the above complaint. Out of this amount Rs.5,500/- was given to Koldy Societies India Ltd. And Rs.100/- to Primary Societies through which connection was availed and Consumerfed itself appropriated Rs.150/-. As per the agreement with the Koldy Petroleum India Ltd., they supplied two cylinders and one regulator to each consumer. The Opposite Party (Koldy Petroleum India Ltd.) filed their version contenting that they are not liable to refund any amount to the Complainant. The complaint has been filed by the Complainant for getting refund of the amount deposited through Neethi Stores, the retail sales outlet of the Kerala State Consumer Federation Ltd., Cochin. In the absence of my agreement between the complainant and them they are not liable to refund any amount. They have not offered any service to the petitioner and in the absence of any such offer, the question of deficiency of service does not arise. On the above pleadings the following issues were raised for consideration. - Whether there is any deficiency in services on the part of the opposite Parties?
- Whether the Complainant is entitled for remedy as prayed in the complaint?
- Relief and cost?
Issue No.1 to 3: The complainant stated in the complaint that Complainant had availed a gas connection through Neethi Store, Dharmadam Service Co-operative Bank. Ext.A1, connection certificate which shows the complainant has taken gas connection. The complainant had paid an amount of Rs.5750/- through the bank. Ext.A2 Receipt shows that the Complainant had paid the amount to Neethi Store, Dharmadam Service Co-operative Bank. But after that the Opposite Partied has neither supplied gas cylinder nor refunded the amount paid at the time of booking. The complainant demanded the amount for several occasions. But the Opposite Party did not pay the amount. There is no justification for not refunding the amount. The Opposite Parties are liable to refund the amount since they were not able to distribute the gas regularly. The Complainant herein is entitled to get the cylinder with gas but the Opposite parties are failed to deliver. Hence all Opposite Parties are jointly and severally liable to refund Rs.5750/- to the Complainant. In the result, complaint is allowed directing the Opposite Parties to refund Rs.5750/- (Rupees five thousand seven hundred and fifty only) to the Complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the Opposite Parties under the provisions of consumer Protection Act. Dated this the 2nd day of January, 2009. President Member Member A P P E N D I X Exhibits for the complainant: Ext.A1: Connection Certificate issued by O.P. Ext.A2: Certificate dtd. 05.11.07 issued by O.P.credit memo Exhibit for the Opposite Parties: Nil Witness examined for either side: Nil //Forwarded by Order// Senior Superintendent.
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
