IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 23rd day of October 2009 C.C.No.173/2009 Padmini Balan, Vinayagh, Complainant Kunnuymmal Road, Pinarayi, Thalassery 1. Secretary, Pinarayi Service co.op.Bank, Pinarayi 2. Managing Director, Kerala State Co.op.Consumer Federation, opposite parties Gandhi Nagar, Kochi. 3. Koldy Petroleum India Ltd., Moongilmada, Vannamada, Kozhinhmparaa , palakkad. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- with interest, compensation and cost The case of the complainant is that he had availed a gas connection from 2nd opposite party through 1st opposite party by giving an amount of Rs.5750/- as deposit. At the time of availing gas connection the opposite parties represented that they will provide gas without any failure. But the supply of refilled gas cylinder became irregular. Even though the complainant had requested several time for regular supply the opposite party was not ready for it. So the complaint approached the 1st opposite party and surrendered the regulator and cylinders and requested to refund. But the opposite parties are not amenable for it. Hence this complaint. On receiving the complaint, notices were issued to the opposite parties but they have not entered appearance even though all of them acknowledged notice. So they were called absent and set exparte. Meanwhile 3rd opposite party has filed an objection stating that 3rd opposite party has no liability to refund the amount, to the complainant in the absence of any contract to that effect. They have agreement with 2nd opposite arty and had performed their part of the contract and hence 2nd opposite party has to pay the amount. So the complaint is liable to be dismissed. The main point to be decided is whether there is any deficiency on the part of the opposite parties? The evidence consists of chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 and A2. The affidavit filed by the complaint in accordance with his pleadings along with Ext.A1 and proves that the complainant had availed gas connection from 2nd opposite party through 1st opposite party by depositing an amount of Rs.5750/-. The further case of the complainant that the opposite parties are supplying refilled gas cylinder irregularly after 4 or 5 weeks delay. But the opposite parties were not turned up before the Forum. So there is no contra evidence before the Forum. So we are of the opinion that there is deficiency on the part of opposite parties for which they are liable to compensate by refunding Rs.5750/- to the complainant. The complainant admits that she had used the gas for some year. So complainant is not entitled to get any compensation and cost. 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. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1& A2. Connection certificate and certificate issued by OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
