Kerala

Kannur

CC/113/2007

Shamsiya.K,K.P.House, Aadur,P.O.Kadachira. - Complainant(s)

Versus

1.Managing Director, Mavilayi SC.B ank,Mavilayi,P.O.Mavilayi. - Opp.Party(s)

03 Sep 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/113/2007

Shamsiya.K,K.P.House, Aadur,P.O.Kadachira.
...........Appellant(s)

Vs.

1.Managing Director, Mavilayi SC.B ank,Mavilayi,P.O.Mavilayi.
2.Managing Directgor, Kerala state coopp consumer federation,Gandhi Nagar,Kochi
3.Managing Director,Koldy Petroleum India ltd,Mongilmada, vannamada, Kozhinhampara,P.O, Palakkad
...........Respondent(s)


BEFORE:
1. GOPALAN.K 2. JESSY.M.D 3. PREETHAKUMARI.K.P

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Smt.PREETHAKUMARI. K.P: MEMBER This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite parties to refund the deposited amount of Rs 5750/- with interest and cost. The complainant contended that she is one of the children of one Mr.A.P.Ahammedkutty who had availed gas connection bearing no. 14579 from the opposite parties. But the above said M.P.Ahammed kutty was expired on 9.3.2007 and the other 7 children by name K. Musthafa, K. Rukhiya, K. Subair, K. Fousiya, K. Jameela, K. Haris and K. Navas were authorized the complainant to file and conduct the above case. The above said Ahammedkutty had availed a gas connection by paying an amount of Rs 5750/-to the opposite parties with an assurance that the amount will be refunded at the time of surrendering the gas connection. Later on the supply of refilled cylinder became irregular and the gas supplied was of substandard in quality and quantity. Because of this complainant had surrendered the gas connection and demanded for money . But they were not ready to refund the same. Hence the complaint. Even though the notice issued by the Forum were acknowledged by the opposite parties they were not care to appear before the Forum. The points to be decided are whether there is any deficiency and relief and cost. The evidence in this case consists of the oral testimony of PW1 and Exts. A1 to A4. The oral testimonty along with the exhibits proves that the complainant is one of the legal heirs of one deceased Ahammedkutty and other legal heirs were entrusted her to conduct the case and the above said deceased Ahammedkutty had availed gas connection and due to deficiency in service he had surrendered the same. Opposite parties were not refunded the money even after the request . Hence we are of the opinion that the complainant is entitled to get refund of the above said amount of Rs 5750/- and the complainant is entitled to the same. In the result the complaint is allowed in part 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 entitled to execute the order under the provisions of Consumer Protection Act. Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT APPENDIX Exhibits for the complainant A1. Certificate dated 5.8.08 issued by the first opposite party A2. Death certificate of M.P. Ahammedkutty. A3. Certificate signed by the legal heirs of M.P. Ahamedkutty. A4. Receipt dt. 11.8.2008 issued by the first opposite party Exhibits for the opposite party –Nil Witness examined for the complainant PW1. Complainant Witness examined for the opposite party – NIL Forwarded/ by order SENIOR SUPERINTENDENT




......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P