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 14^th   day of  October  2009

C.C.No.179/2009

T.Madhavan,

Thiruvangadan House,

 P.O.Koodali                                                     Complainant

1. Secretary,

    Koodali  Service co.op.Bank,

    P.O.Koodali

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   opposite parties

    Gandhi Nagar, Kochi.

3. Manager,

  Koldy Petroleum India

  Moongilmada,  Vannamada,

  Kozhinhampara, Palakkad.

          O R D E R

Sri.KGopalan, 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/- together with  the interest.

            As per the averments in the complaint the complainant has taken cooking gas connection from opposite parties through opposite party No. 1  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 the 1st opposite party that the amount would be refunded when the equipments are returned. Since the gas distribution became irregular along with high increase in price of gas, the complainant constrained to surrender the equipments disconnecting the gas connection. Even after surrendering the equipments opposite party did not take care to refund the amount. Hence this complaint.

            After receiving the complaint, Forum sent notice to both sides. But Opposite parties 1 and 2 did not take interest to appear before the Forum nor filed the version. But 3^rd opposite party filed version separately.

            The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties?

Complainant has no oral evidence. Exts.A1 to A3 marked on the side of the complainant.

            Admittedly complainant took cooking gas connection from the opposite parties by paying Rs.5750/-. The document Ext.A3 is the receipt issued by1st opposite party. The case of the complainant is that he has surrendered the equipments and disconnected gas connection since the gas distribution had not been performed by opposite party uninterruptedly. Since it is not proved otherwise there is no need to disbelieve the complainant. Ext.A1 is the connection certificate and A2 is the surrender certificate. Considering the facts and circumstances opposite parties are found liable to refund the amount since there is deficiency in service on the part of opposite parties. Hence we are of opinion that the opposite parties are 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.

                                                Sd/-                       Sd/-                           Sd/-

                                         President                 Member                       Member

APPENDIX

Exhibits for the complainant

A1.Connection certificate issued by OP

A2.Certificate dt.12.5.09 issued by OP

Witness examined for either side: Nil

                                                /forwarded by order/

                                                Senior Superintendent

Consumer Disputes Redressal Forum, Kannur.