1.Secretary, Elayavoor S.C.Bank, Thazhe chovva branch, P.O.Thazhe chovva. 2.Managing Director, Kerala state consumer federation,Gandhi Nagar, Kochi 3.Manager, Koldy Petroleum, India Ltd,Moongilmada, Kozhinhampara, Palakkad Dist.
...........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):
ORDER
19.8.08 Smt.K.P.Preethakumari, Member This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite parties to refund the deposited amount of Rs.5750/- The complainants contentions are as follows: He had availed a gas connection from the 1st opposite party. The 2nd and 3rd opposite parties were used to supply the gas to the complainant. The complainant had remitted Rs.500/- as registration charge and Rs.5250/- as the security deposit to the 1st opposite party at the time of availing gas connection. The 1st opposite party had received the amount with a stipulation that the amount will be refunded at the time of surrendering the gas connection. Because of the inordinate price of the refilled cylinder, the complainant was forced to surrender the gas connection and demanded for the money as assured by the 1st opposite party at the time of availing gas connection. But they were refused by saying that the amount was remitted to 2nd and 3rd opposite parties. Hence this complaint. On receiving the complaint notices were issued to the opposite parties and opposite parties 2 and 3 were filed their version. The 1st opposite party admits the fact that the complainant had availed gas connection by paying Rs.5750/- and contended that they have no liability to return back the amount since they were acting as a Franchise of opposite parties 2 and 3 and hence the amount was handed over to opposite parties 2 and 3. So the 1st opposite party has no liability to pay the amount to the complainant and the petition is liable to be dismissed. The 2nd opposite party also filed version admitting that they had received Rs.5750/- from the complainant and handed over Rs.5500/- to the Koldy Petroleum India Ltd. and Rs.100/- to the 1st opposite party and appropriated Rs.150/- by the 2nd opposite party itself. On the above pleadings the points raised for consideration is: Whether there is any deficiency on the part of the opposite party and relief and cost. The evidence in this case consists of the oral testimony of PW1 and Exts.A1 and A2. The oral testimony of PW1, Ext.A1 along with the admission of opposite parties it is seen that the complainant had paid Rs.5750/- to the opposite parties for availing gas connection. Ext.A2 shows that the complainant had discontinued the gas connection by surrendering the cylinder and Regulator with the 1st opposite party. But the opposite parties were failed to refund the deposit amount as promised. The 2nd opposite party admits that they failed to give refilled gas cylinder within time and they are forced to increase the value of the refilled cylinder etc. shows that there is some deficiency in service on the part of the opposite parties. So we are of the opinion that they are bound to refund the deposited amount to the complainant. These issues are answered in favour of the complainant In the result, the 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 at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act. Sd/- Sd/- Sd/- President Member Member Exhibits for the complainant A1.Connection certificate issued by Ops A2.Letter dt.28.5.07 sent to OP and receipt of OP Exhibits for the opposite parties Nil Witness examined for the complainant PW1.Complainant Witness examined for the opposite parties Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
