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 17^th day of  March 2010

C.C.No.296/2009

C.Balan,

Preeyesh Bhavan,Kavinmoola,

P.O.Mamba,Anjarakandy                                                                    Complainant

1. Managing Director,

  Anjarakandy Farmers SCBank,

  Kavinmood, P.O.Mamba.

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   opposite parties

    Gandhi Nagar, Kochi

3. KOLDY Petroleum’s India LTD.,

    Moongilmada,Kozhinhampara,    Palakkad.

          O R D E R

Sri.K.Gopalan, 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/- and the cost of this proceedings.

            As per the averments in the complaint the complainant has taken gas connection from 1st opposite party bank. The distribution of gas connection is a joint effort of all the opposite parties. It is distributed through Neethi Store belongs to 1^st opposite party.   At the time of taking the connection 1^st opposite party received Rs.500 as registration fee and Rs.5250/- as security deposit from the complainant. Opposite party assured that the amount should be returned at the time of surrendering the equipments by disconnection. After few months the distribution of gas cylinder became irregular. More over the quality and quantity also decreased. Though it was brought to the notice of 1^st opposite party he could not solve the matter, since opposite parties 2 and 3 are responsible for it. Because of the above said reason complainant returned the equipments to 1^st opposite party on 19.10.09 and demanded for the registration fee and security amount. The opposite party was not ready to give the amount. 1^st opposite party told the complainant that the amount was sent to opposite party Nos.2 and 3 and thus opposite parties are liable to refund the amount. Hence this complaint.

In pursuance of the notice the 1^st opposite party entered  appearance and filed version. 1^st opposite party contended that there is no deficiency on his part as alleged by the complainant. The complainant has taken gas connection from opposite party. It is a part of scheme implemented by opposite parties 2 and 3 and 1^st opposite party is only a distributor. The amount received by1st opposite party has already been sent to2nd opposite party hence opposite parties 2 and 3 are liable to refund the amount.  The1st opposite party has received the amount of Rs.500/- as registration fee and Rs.5250/- as security deposit. The beginning stage the gas distributed regularly but  after there was interruption afterwards due to non receiving the filled gas from opposite parties 2 and 3. When the consumers made complaint to1st opposite party with respect to the interruption of the gas distribution and demanded to refund the amount the same has been informed to opposite parties 2 and 3 and they were not ready to return the amount. The entire liability to pay the amount is with opposite parties 2 and 3 and 1^st opposite party has no liability at all. Hence to dismiss the complaint against 1^st opposite party.

            Opposite parties 2 and 3 has not been sent version and remained absent through out the proceedings.  

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

            It can be seen that the complainant has paid Rs.500/- as registration fee and Rs.5250/- as security deposit. Ext.A1 issued by 1^st opposite party-bank reveals that complainant has paid Rs.5750/- to the 1^st opposite party at the time of taking the gas connection. 1^st opposite party also admitted in their version that complainant has paid that much amount to avail the cooking gas connection. Ext.A2 reveals that complaint has returned 2 cylinders and one regulator to 1^st opposite party.  1^st opposite party is the distributor. 1^st opposite party himself admitted that the distribution of cooking gas became irregular after words. Hence surrendered the equipments to 1^st opposite party by complainant to which he cannot be blamed. If the gas distribution is irregular it will make much difficulty for the family and they will be forced to find some other sources for getting the gas. Since the gas distribution has not been done regularly there s deficiency in service on the part of opposite parties and hence they are liable to refund the amount of Rs.5750/-. Hence we are of opinion that opposite parties 1 to 3 are liable to refund the amount of Rs.5750/-.

            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. The complainant is liable to return the cylinders and regulator at the time of receiving the amount.                                   

                                           Sd/-                         Sd/-                              Sd/-

                                         President                 Member                       Member

APPENDIX

Exhibits for the complainant

A1 & A2 Receipts  issued by OP

Exhibits for the opposite parties: Nil

Witness examined for complainant

PW1.Complainant

Witness examined for  OPs:  Nil

                                                /forwarded by order/

                                                Senior Superintendent

Consumer Disputes Redressal Forum, Kannur