IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 28th day of January, 2010 C.C.No.283/09 K.O.Prasanna Damodaran, “Deepam”, Irinadu P.O., : Complainant Kannur, PIN - 670 301. Vs. 1. The Secretary, Irinavu Service Co-operative Bank Ltd., : Opposite Parties Irinavu P.O. – 670 301. 2. The Managing Director, Kerala State Co-operative Consumer Federation Ltd., Gandhi Nagar, Cochin – 682 020. 3. The Manager, Koldy Petroleum (India) Ltd., Mungila Mada, Vannamada Palakkad O R D E R Smt. M.D.Jessy, Member This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to return the advance amount of Rs.5750/- with interest. The case of the Complainant is as follows: The Complainant had taken a cooking gas connection through Neethi Store, Irinavu Service Co-operative Bank. The Complainant had paid an amount of Rs.5750/- through Opposite Party Bank (1st Opposite Party). The Opposite Parties agreed to supply cooking gas cylinder weighing 12 Kg. for an amount of Rs.400/-. But after that the Opposite Parties has neither supplied gas cylinder nor returned the amount paid at the time of booking. The Complainant demanded the amount for several occasions. But Opposite Party not paid the amount. This act of Opposite Parties amounts to deficiency in service. On receiving the complaint notices were issued to Opposite Parties and even though Opposite Parties served notice, they did not appear and file their version before the Forum. 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 chief affidavit of Complainant and Exts.A1 to A3 marked. Issue Nos. 1 to 3: The Complainant has stated in the complaint that she has availed gas connection from the 1st Opposite Party by paying an amount of Rs.5750/-. The Complainant paid Rs.1000/- towards registration fees and Rs.4750/- towards caution deposit to Opposite Party. The Complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 and A2 are the receipts that show the Complainant had paid the amount to Opposite Party. Ext.A3 is the surrendering certificate which shows the complaint had surrendered two cylinders and one regulator to 1st Opposite Party. The evidence adduced by the Complainant shows that the Opposite Parties failed to supply cooking gas regularly. The delay in issuing gas connection is a deficiency on the part of Opposite Parties. Under such circumstances the opposite parties are liable to refund the amount of Rs.5750/-. Hence 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/- 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 Exhibits for the complainant A1.Receipts A2. Receipts A3. Surrendering certificate dtd.14.10.09 Exhibits for the opposite party : Nil / /Forwarded by Order// Senior Superintendent. Consumer Disputes Redressal Forum, Kannur.
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
