Kerala

Kannur

CC/09/183

Lathika Sudhakaran, W/o Sudhakaran, Hari Nivas, Chala West, Kannur. - Complainant(s)

Versus

1. Secretary, Koyyod SC Bank, Koyyod post, Kannur Dt. - Opp.Party(s)

02 Nov 2009

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/09/183

Lathika Sudhakaran, W/o Sudhakaran, Hari Nivas, Chala West, Kannur.
...........Appellant(s)

Vs.

1. Secretary, Koyyod SC Bank, Koyyod post, Kannur Dt.
2. Managing Director, Kerala State Coop Consumer Federation Ltd., Gandhi Nagar, Kochi -682020.
...........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

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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  2nd day of November 2009

 

C.C.No.183/2009

Lalitha Sudhakaran,

Hari Nivas,

Chalawest,

Kannur.                                                                    Complainant

 

1. Secretary,

     Koyyod   Service co.op.Bank,

    P.O.P.O.Koyyod   

2. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

 

.

 

          O R D E R

 

Smt.M.D.Jessy, 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 and cost

The case of the complainant in brief is as follows:           The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/- and that will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1st opposite party. Moreover the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint.

            On receiving the complaint, notices were issued to the opposite parties. Even though opposite parties served notices they were not cared  to appear and to file their version before this Forum.  The opposite parties subsequently called absent and set exparte

On the above pleadings the following issues were raised for consideration.

1. Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled for remedy as prayed in the complaint?

3. Relief and cost.

            The evidence consists of oral testimony of complainant as PW1and Exts.A1.and A2.

Issue Nos. 1 to 3

            The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt issued by 1st opposite party which  proves that the complainant has taken gas connection from opposite parties by paying an amount of  Rs.5750/-.Ext.A2 is the connection certificate which also proves that complainant has taken gas connection from 1st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus issues 1 to 3 are found in favour of 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.

                                      Sd/-                                    Sd/-                        Sd/-  

                                   President                           Member                    Member

 

 

                                                  APPENDIX

Exhibits for the complainant

A1.& A2 Receipts issued by OP

 Exhibits for the opposite parties: Nil

 

Witness examined for  the complainant

PW1.Complainant

Witness examined for the opposite parties: Nil

                                                             /forwarded by order/

 

                                                             Senior Superintendent

Consumer Disputes Redressal Forum, Kannur  

 




......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P