IN THE C0ONSUMER DISPUTES REDRESSAL FORUM, KANNUR

      Present:    Sri.K.Gopalan                          :  President

           Smt.K.P.Preethakumari : Member

                                               Smt.M.D.Jessy              : Member

Dated this the  5^th day of  December , 2009

C.C.No.180/09

Smt.T.Kadeeja, W/o.Yusaf,                            

Aged 53 years,

Thottummoth House,                                                    :       Complainant

P.O.Kayyode,

Kannur District.

1. The Secretary,

    Koyyode Service Co-operative Bank Ltd.,

    P.O.Koyyode,

    Kannur District,                                                        :      Opposite Parties

2. The Managing Director,

    Kerala State Co-operative Consumer Federation,

    Gandhi Nagar, Kochi.

O R D E R

Sri.K.Gopalan, President

This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the Opposite Party to refund Rs.5750/- with interest and cost.  The brief facts of the complainant’s case are as follows.

            The complainant has taken cooking gas connection from the Opposite Parties through 1^st Opposite Party.  It is understood that the LPG gas distributed by Opposite Parties jointly.  The gas cylinder is distributed through the Neethi Store to consumers. At the time when she was taking cooking gas connection, she paid Rs.500/- on 13.04.98 and Rs.5250/- on 25.04.98 to the 1^st Opposite Party.  It was promised by the 1^st Opposite Party at the time  payment that the amount of Rs.5750/- will be returned at the time when the equipments are returned.  The 1^st Opposite Party did not distribute the gas regularly and the gas distributed was quantitatively and qualitatively inferior. The weight of the cylinder was less and when complained to the 1^st Opposite Party she was told that it can be explained only by the 2^nd and 3^rd Opposite Parties.  Because of the above said reason the complainant returned the gas connection on 02.04.09 and demanded for the amount of Rs.5750/- to be returned.  But the 1^st Opposite Party was not ready to give the amount back.  He said the amount collected from her was sent to the 2^nd Opposite Party.  Hence the Opposite Parties are liable to return the amount of Rs.5750/- received from her. Since the amount is not refunded on demand the complainant is compelled to file this complaint.

            In pursuant of the notice the 2^nd and 3^rd Opposite Parties sent their version but remained absent before the Forum. 

            The 2^nd Opposite Party contented that the allegation of complainant is not fully correct.  It is true that at the time of giving cooking gas connection, the Consumerfed had received Rs.5750/- from all the customers including the complainant herein.  But out of this amount of Rs.5500/- was given to M/s.Koldy Petroleum India Ltd. and Rs.100/- to Primary Societies through which connection was availed.  The Consumerfed appropriated only Rs.150/-.  The statement in the complaint that the gas supply is inferior quality and of lesser weight than envisaged is totally baseless and is denied.  As per the scheme gas cylinders have been supplied through Societies at a rate of one cylinder per month.  If the consumer had approached the Societies for filled cylinders the Society in turn would have sought for the same with Consumerfed.  In all such cases Consumerfed has ensured delivery of cylinders to the Societies.  The distribution of gas connection disturbed only because of M/s.Koldy Petroleum India Ltd., stopped the supply abruptly.  This Opposite Party has been rendering the service to the complainant and other consumers from 1998 onwards without getting any monetary benefit.  Considering the above facts 2^nd Opposite Party prays to consider the service utilized by the complainant and to deny the refund of connection fee to the complainant. 

            The 3^rd Opposite Party contended that the 3^rd Opposite Party was not liable to refund any amount to the complainant in the absence of any contract to that effect.  The 2^nd Opposite Party , Consumerfed has performed the supply of gas to the consumers and in case of failure, if any, 2^nd Opposite Party is liable for the same.  The Consumerfed is to pay the amount agreed between them as connection fee payable for each domestic connection to the 3^rd Opposite Party, less applicable commission per connection payable to them. The 3^rd Opposite Party has thus supplied the LPG connection consisting of 2 cylinders and one regulator per each connection to the Kerala State Co-operative Consumer Federation, Kochi and has fulfilled their part of contract.  In the absence of any agreement between the complainant and the 3^rd Opposite Party the 3^rd Opposite Party has not offered any service to the petitioner and thus 3^rd Opposite Party has no liability to make any payment to the complainant.  In the above circumstances, the 3^rd Opposite Party is prayed to dismiss the case against them. 

            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 any relief as prayed in the complaint?
3. Relief and costs.

The evidence consisting of the chief affidavit filed by the complainant and Exts.A1 to A3.

Issues 1 to 3

Admittedly complainant took cooking gas connection from Opposite Parties paying an amount of Rs.5750/-.  Exts.A1 and A2 and the admission of 2^nd Opposite Party proves that the complainant has paid Rs.5750/- at the time of availing the gas connection.  The case of the complainant is that he has disconnected the gas connection due to irregular distribution of gas and distribution of inferior quality and less weight as envisaged.  On going through the evidence, it can be seen that there was no regular gas supply.  It is quite understandable that if there is no gas available there is no use of connection and it will cause many problems in the day-to-day life of the consumer.  Since there is no regular supply of gas there is no need to hesitate to hold that there is deficiency in service on the part of the Opposite Party.  It can also be seen that the gas distribution as such is a joint venture of all the Opposite Parties.  Hence all the Opposite Parties are liable to refund the amount received from the consumer.  Considering the ground reality existing for the time being, the Forum is not awarding compensation and cost, The 1^st, 2^nd and 3^rd Opposite Parties jointly and severally are liable to refund Rs.5750/- to the complainant. Issues 1 to 3 are answered in favour of the complainant.

      In the result, the complaint is allowed directing the Opposite Parties to refund an amount of Rs.5750/- to the complainant within one month of receipt of this order, failing which the complainant is entitled to execute the order under the Provisions of Consumer Protection Act.

    Sd/-                       Sd/-                Sd/-

President                Member           Member

APPENDIX

Exhibits for the complainant

A1to A3.Receipts issued by OP

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

/forwarded by order/

Senior Superintendent

ConsumerDisputes Redressal Forum, Kannur..