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   30^th  day of   April  2010

C.C.No.334/2009

K.M.Aasi,

K.M.House,

Purathil,

P.O.Varam                                                                     Complainant

1. Secretary,

    Kappad  Service co.op.Bank,

     P.O.Kappad

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 compensation and cost.

            The case of the complainant is that he has availed cooking gas connection from the 1^st opposite party, bank on 15.9.99. The distribution of gas connection is a joint effort of all the opposite parties. Complainant paid an amount of Rs.5750/- at the time of taking the connection. Opposite parties are liable to return the amount at the time of surrendering the equipments inconsequence of disconnection as assured by 1^st opposite party. Since the gas distribution happened to be irregular and increase in price complainant surrendered the equipments and requested to refund the amount. Opposite parties did not refund the amount even after the surrender of cylinders and regulator. Hence this complaint.

            After receiving the complaint, Forum sent notice to both sides. But Opposite parties 2 and 3 sent version through post but they did not appear before this Forum. 1^st opposite party neither entered appearance nor filed version.

2^nd opposite party consumer Fed filed version contending that it is not correct to say that Rs.500/- paid by complainant as registration fee and the balance Rs.5250/- as security deposit. In fact the whole amount of Rs.5750/- was only connection fee. Therefore the claim for refund of the amount in pretext of security deposit is baseless.

            3rd opposite party contended in their version  that they are not liable to refund any amount to the complainant in the absence of any contract to that effect  Consumer fed has to pay the amount. Koldy Petroleum India Ltd. has supplied LPG connection consisting of 2 cylinders and one regulator for each connection to the Consumerfed and has fulfilled their part of the contract. In such circumstances the complaint against them has to be dismissed.

            On the above pleadings the following issues have been taken for consideration. 

1. Whether there is any deficiency on the part of the opposite parties?

2. Whether the complainant is entitled for the remedy as prayed in the complaint?

3. Relief and cost.

The evidence consists of chief affidavit of complainant and Exts.A1 and A2. Opposite party has addiced neither oral evidence nor documentary evidence.

Issue Nos. 1 to 3

            Complainant availed gas connection from opposite parties on payment of Rs.5750/-. Ext.A1 is the receipt that shows the payment is made. So also Ext.A2 shows that the complainant has returned the equipments. The evidence  adduced by the complainant proves that opposite parties  failed to distribute the cooking gas regularly  When it was complained , 1^st opposite party expressed his inability and explained that it is the consumer fed and Koldy Petroleum India Ltd. responsible for the  supply of gas and 1^st opposite party is merely distributing it to the consumers.  Consumer fed contended that distribution became irregular only because the Koldy Petroleum India Ltd. abruptly stopped the supply. On the other hand the Koldy Petroleum India Ltd.  Contended that they have no liability to pay any amount since they have no contractual relation with the consumers. But they have admitted that they have contract with the consumerfed. It is a fact that this contractual obligation on the part of the Koldy Petroleum India Ltd. has not been performed  distribution of gas  will be interrupted there by. The consumer ultimately suffered the consequences of non performance  in its original form. The available evidence on record shows that the distribution of gas became later on irregular, whatever maybe the problem existed in between the opposite parties. If gas is not available regularly   that will naturally affected the daily life of the family. It is quite clear that in the present case that the cooking gas distribution became irregular gradually and there by suffered by the complainant and family. So we have no hesitation to hold that this state of affairs is the result of deficiency in service on the part of opposite parties. The complainant is entitled to get the amount refunded, which the opposite parties are jointly and severally liable to pay. The issue Nos. 1 to 3 partly found in favour of complainant.

            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. & A2.Receipt dt.2.12.09  issued by OP

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                        /forwarded by order/

                                                                        Senior superintendent

Consumer Disputes Redressal Forum, Kannur