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 17th day of September 2009 C.C.No.184/2009 K.K.Raghavan, Kunimmal House, Iriveri Complainant 1. Secretary, Koyyod Service co.op.Bank, P.O.P.O.Koyyod 2. 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 regular supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/- and 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 1st opposite party. Moreover the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint, notices were issued to the opposite parties. Even though opposite parties served notices they were not cared enough to appear and to file their version before this Forum. The opposite parties subsequently called absent and set exparte On the above pleadings the following issues were raised for consideration. 1. Whether there is any deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled for remedy as prayed in the complaint? 3. Relief and cost. The evidence consists of oral testimony of complainant as PW1and Exts.A1.and A2. Issue Nos. 1 to 3 The complainant has stated in the complaint that he has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt issued by 1st opposite party which proves that the complainant has taken gas connection from opposite parties. Complainant stated that the opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to 1st opposite party his explanation was that 2nd opposite party and Koldy petroleum are responsible for those troubles.. Ext.A2 is the surrendering certificate which shows that complainant has surrendered two cylinders and one regulator to 1st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus issues 1 to 3 are found in favour of the 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.& A2Receipt issued by OP Exhibits for the opposite parties: Nil Witness examined for the complainant PW1.Complainant Witness examined for the complainant PW1.Complainant Witness examined for the opposite parties: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
