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 19^th  day of  March  2010

C.C.No.16/2010

Thiaruvangadan Maharoof,

Thiruvangadan House,

P.O.Sivapuram.                                                                         Complainant

1.Branch Manager,

    Kanhileri Sivapuram Service co.op.Bank,

    P.O.Sivapuram. Kannur

2. Secretary,

     Kanhileri Sivapuram Service co.op.Bank,

     Kanhileri . Kannur.

3. Managing Director,

    Kerala State Co.op.Consumer Federation,                                     Opposite parties

    Gandhi Nagar, Kochi.

.

                                                                   O R D E R

Smt.M.D.Jessy, 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 interest and cost.

            The case of the complainant in brief is as follows: The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regulor supply of gas cylinders without any delay. When complainant approached the 1^st opposite party he assured that 3^rd  opposite party will provide gas connection on deposit of Rs.5750/- that will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1^st opposite party. More over the supplied refilled gas cylinders were of substandard quality with less quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1^st opposite party was not ready to refund the amount and hence the complaint.

            On receiving the complaint, notices were issued to the opposite parties

            3^rd  opposite party filed their version contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this case. 3^rd opposite party further stated that it has suffered heavy loss by venturing in the cooking gas segment and at that time there was undue delay in getting gas connection. But it was done  with the sole motive of helping the public of kerala. 3^rd opposite party contended that in fact the amount of Rs.5750/- was only connection fee and not security deposit. Therefore the claims for refund of the same in the pretext of security deposit is baseless. Hence the complainant is not entitled to refund.

            The main point to decide is whether there is any deficiency in service on the part of opposite parties and the complainant is entitled for the refund of the amount. Since the opposite party had admitted that there is interruption in gas connection together with the evidence adduced by the complainant by way of oral evidence and documents the deficiency on the side of the opposite party is undoubtedly clear. 3^rd opposite party has admitted that they have received Rs.5750/- at the time of giving connection. A1 is the receipt issued by1st opposite party. Thus the payment of Rs.5750/-bythe complainant is true. Ext.A2 is the connection certificate. Ext.A3 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to1st opposite party.

In the light of the available evidence on record we are of opinion that there is deficiency in service on the part of opposite parties. Opposite parties are liable to refund the amount of Rs.5750/- to complainant. Considering the peculiar situation we re not awarding compensation and cost.

                        In the result, complaint is allowed partly 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. Certificates 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