IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, the13th   day of  October 2009

C.C.No.136/2009

M.Muhammed,

Haneefa Manzil,

Madukkoth,

P.O.Varam                                                                     Complainant

1. Secretary,

    Kappad  Service co.op.Bank,

     P.O.Kappad

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   opposite parties

    Gandhi Nagar, Kochi.

3.Manager,

   Koldy Petrtoleum India,

   Moongilmada,Vannamada,

   Kozhinhampara,Palakkad.

          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/- with compensation and cost.

            As per the averments in the complaint the complainant has taken gas connection from 1^st opposite party on 24.4.98. 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. Opposite parties are liable to return the amount at the time of surrendering the equipments inconsequence of disconnection as assured by 1^st opposite party.   Since the gas distribution happened to be irregular and increase in price Complainant surrendered the equipments on 12.5.09 and requested to refund the amount. Opposite parties did not refund the amount even after the surrender of cylinders and regulator. Hence this complaint.

            After receiving the complaint, Forum sent notice to both sides. But Opposite parties did not enter appearance except sending a version by opposite parties 2 and 3.  

2^nd opposite party consumer Fed though not made appearance sent version contending that the complaint is not maintainable since it is hit by section 69 of Kerala co.op.Socieites Act. The difficulties and hurdles that had been faced by the consumer fed found place elaborate explanation. But it has been admitted that at the time of giving cooking gas connection consumer Fed had received Rs.5750/- from the entire consumer including the complainant in this OP. As per the contention all the difficulties aroused due to the stoppage of supplying filled cylinders by the Koldy petroleum India Ltd. There is no deficiency on the part of consumer fed. Hence the opposite parties are at  liability to refund of connection fee to the complainant. Koldy Petroleum India Ltd. also denied the liability.

            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 the remedy as prayed in the complaint?

3. Relief and cost.

The evidence consists of the oral evidence adduced by the complainant and the documentary evidence. Exts.A1 and A2 marked on the side of the complainant.

Issue Nos. 1 to 3

The complainant’s case is that she has taken cooking gas connection by paying Rs.5750/-. It can be understood that at first instance cooking gas had been regularly supplied but subsequently opposite parties failed to supply gas uninterruptedly when gas is not available there is no meaning in keeping the equipments. If the complainant happened to be surrendered the connection and returned the cylinders and regulator due to the non availability of cooking gas he cannot be blamed.

Anyhow, if the gas is not uninterruptedly supplied that is a deficiency in service. In such case there is no doubt the amount paid by the complainant consumer has to be refunded, in case of surrendering the connection and returning the equipments. The chief affidavit stated that opposite party has not supplied the gas regularly. Ext.A1 shows that the payment is made by the complainant. Ext.A2 proves that the cylinder and regulator has been returned to opposite party. Taking in to account the available circumstances and the facts on record we are of opinion that the complainant is entitled to get the amount Rs.5750/- refunded. The issue Nos. 1 to 3 partly found in favour of 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.Receipt dt.24.1.98 and12.5.09 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