DOF.15.1.2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, 28^th  the day of May  2010

C.C.No.11/2010

K.V.Kumaran,

‘Meera Bghavan’,

Pinarayi.

Padannakkara.                                                                     Complainant

1. Secretary,

     Pinarayi Service co.op.Bank,

     P.O.Pinarayi

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   Opposite parties

    Gandhi Nagar, Kochi.

3.Manager,

   Koldy Petrtoleum India,

   Moongilmada,Vannamada,

   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/- with interest @ 12% together with the cost of this proceedings.

            The case of the complainant is that he has availed cooking gas connection from opposite partitas. .  It is a joint  venture  done by all the opposite parties. Complainant paid an amount of Rs.5750/- and obtained connection with two cylinders and one regulator. Opposite parties issued receipt and connection certificate. About 2 months the distribution of gas preformed without complaint. But thereafter, distribution became irregular and it  took even more than one month after booking to get filled cylinders. Complainant’s family totally depend upon cooking  gas for the preparation food. The irregular supply of gas totally created untold confusion and problems up setting the entire family arrangements. Complainant directly approached 1t opposite party and requested to refund the security amount taking back the equipments after disconnection. 1^st opposite party received the cylinder and regulator but denied to refund the amount. Complainant forced to surrender the connection due to the deficiency in-service on the part of opposite arties. Hence complainant prays to consider the complaint directing the opposite parties to refund the amount of security with interest and cost.

            Opposite parties 1 to 3 did not made appearance but 2^nd and 3^rd opposite party sent version by post.    2^nd opposite party  contended that the distribution of gas disturbed due to the stoppage of supply of filled cylinders by the Koldy Petroleum India Ltd., the 3^rd opposite party. It is also contended that the amount of Rs.5,750/- paid by the complainant is connection  fee and not security amount.

            3^rd  opposite party contended that they have performed  their part of contractual obligations as per the agreement with 2^nd  opposite party. The 3^rd opposite party has thus supplied LPG connections consisting of two cylinders and one regulator, per each connection to the consumer fulfilling their part of the contract. 3^rd opposite party also contended that in the absence of any agreement between the complainant and  this opposite party  there is no question of deficiency of service on the part of 3^rd opposite party. Hence to dismiss the complaint  against 3^rd opposite party.

            The only question to be decided is whether there is nay deficiency in service on the part of opposite parties or not?

 It can be seen that  complainant  availed cooking gas connection.Ext.A2 is the connection certificate issued by 3^rd opposite party which proves that  3^rd opposite party  is directly involved with the consumer  in respect of gas connection. Et.A1 is the receipt issued by1st opposite party  that shows the complaint has paid Rs.5750/- at the time of availing the connection. 2^nd opposite party admitted the payment. It is an admitted fact that the gas distribution disturbed and the opposite parties were failed to supply gas regularly. The consumers those who are depended for  their cooking upon gas, will be totally upset in case the availability of gas become irregular. Hence there is no doubt the compliant  above has also suffered due to non-availability of gas and we are of opinion opposite parties are liable to meet the consequences of the deficiency of service on their part. Opposite parties are  liable to refund the amount of Rs.5750/- paid by the complaint . Considering the social involvement of consumer fed and that of the unexpected hurdles they have suffered, we are not awarding compensation and cost as a lenity. The complainant thus entitled to get the amount of Rs.5750/- refunded.

            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. & A3.Receipt issued by OP

A2.Connection certificate issued by OP

Exhibits for the opposite parties: Nil

Witness examined for  the complainant

PW1.Complainant

Witness examined for  the OPs: Nil

                                                                        /forwarded by order/

                                                                        Senior superintendent

Consumer Disputes Redressal Forum, Kannur