IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Preethakumari:  Member

Smt.M.D.Jessy:               Member

Dated this, the 26^th  day of     December 2009

CC.No.273 /2009

K.V.Rajesh,

Nallakandi House,

Koyyod.                                                                  Complainant

1. Secretary,

    Koyyod Service co.op.Bank,

    P.O.Koyyod.

 2. Managing Director,

    Kerala State Co.op.Consumer Federation,               Opposite parties

    Gandhi Nagar, Kochi.

O R D E R

Smt.K.P.Preethakumari, 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 Rs.10, 000/- as compensation with interest.    

            The complainant’s case is that he had availed gas connection from opposite parties as per certificate No.5096 with a stipulation that the refilled gas cylinder will be supplied regularly without any default. But the opposite parties are not ready to provide refilled gas cylinder even after repeated request. More over opposite parties were extracted more amount for the refilled gas cylinder than promised. So the complainant was compelled to surrender the gas connection due to the deficient service of opposite parties. So the complainant had surrendered the cylinder and regulator to opposite party on 1.2.09 and requested for refund of the deposited amount of Rs.5750/-. But they are not ready to do so. Hence this complaint.        

            Upon receiving the complaint Forum issued notice to the opposite parties. Even though the both opposite parties are received the notice they are not turned up before the Forum and hence they were called absent and set exparte.

                        The main point to be decided in this case is whether there is any deficiency on the part of opposite party.

            The evidence consists of oral testimony of complainant as PW1 and Exts.A1 to A3.

                        The Exts.A1 and A2 are the receipt issued by the opposite party and A3 is the connection certificate, which proves that the complainant had availed gas connection by depositing an amount of Rs.5750/- to the opposite party. The complainant contended that the opposite parties  are not supplying refilled gas cylinder regularly and increased the price of the refilled cylinder without his consent. So the delay in supplying the refilled gas cylinder is due to the deficient service of opposite party. No contra evidence is before us. So we are of the opinion that opposite parties are liable to compensate the complaint for their deficiency by refunding the deposit amount of Rs.5750/- to the complainant and order is passed accordingly.

            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

A3. Connection certificate issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for opposite party: Nil

                                                                        /forwarded by order/

                                                                        Senior Superintendent

Consumer Disputes Redressal Forum, Kannur