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 11th day of November 2009 C.C.No.198/2009 C.V.Rajan Thivalappil House, P.O.Mavilayi Complainant 1. KOLDY Petroleum’s India LTD., Moongilmada,Kozhinhampara, Palakkad. 2.. Managing Director, Kerala State Co.op.Consumer Federation, opposite parties Gandhi Nagar, Kochi 3. Manger, Mavilayi Service Service co.op.Bank, P.O.Kanhileri O R D E R Sri.K.Gopalan, President This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- and Rs.5000/- as compensation and cost. As per the averments in the complaint the complainant has taken gas connection from 3rd opposite party bank. The distribution of gas connection is a joint effort of all the opposite parties. Complainant paid Rs.5750/- at the time of taking the connection and he was then assured by 1st opposite party that the amount would be refunded when the gas connection happened to be disconnected. Since the gas distribution happened to be irregular and increase in price complainant constrained to disconnect the gas connection. On 2.12.08 complainant approached the 3rd opposite party to surrender the cylinder and regulator, but 3rd opposite party refused to accept the cylinders and regulator. The matter will not be settled without the intervention of the Forum. Hence this complaint. After receiving the complaint, Forum sent notice to both sides. But 1st and 2nd opposite parties did not take interest to appear before the Forum. 3rd opposite party filed version denying the liability on the ground of absence of any contract with the party and stated that they are not liable to refund any amount. The 2nd opposite party is to pay the amount agreed upon. Hence to dismiss the prayer so far as it is against 3rd opposite party. Complainant has no oral evidence Exts.A1 to A3 marked on the side of the complainant. The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties and the complainant is entitled for any remedy? Admittedly complainant took cooking gas connection from the opposite parties by paying Rs. 5750/-.The document Ext.A1 is the connection certificate and Ext.A2 is the coupon issued by Koldy Petroleum India ltd. Ext.A3 is the receipt for Rs.5750/- issued by3rd opposite party. . The case of the complainant is that he has disconnected the gas connection and asked to refund the amount since the gas distribution had not been performed by opposite parties uninterruptedly and putting more loss by increasing price and distributing lesser quantity of gas then envisaged. Since it is not proved otherwise there is no need to disbelieve the complainant under such circumstances. Opposite party is found liable to refund the amount as there is deficiency in service on the part of opposite parties. Taking into consideration the entire situation we are of opinion that the opposite party is liable to refund Rs.5750/- to 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. The complainant is liable to return the cylinders and regulator at the time of receiving the amount. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 to A3.Connectioncertificate, coupon and receipt 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 | | 
