1.Secretary, Vadakkumbad S.C.Bank Ltd.P.O.Vadakkumbad 670 109, 2,Managing Director, Kerala state co.op.Consumerfederation Gandhi Nagar, Kochi 3.Manager, Koldy Petroleum India Moongilmada, Vannamada, Kozhinhampara, 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):
ORDER
This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to refund the amount deposited Rs.5750/- with interest. As per the averment in the complaint, the complainant has taken gas connection on 27.4.1998 from 1st opposite partys bank. The gas was supplied through the 1st opposite party. At the time of taking the gas she has paid Rs.500/- as registration fee and Rs.5250/- as security deposit. The 1st opposite party promised to refund the amount when gas is not supplied and equipments are surrendered. The 1st opposite party was irregular in supplying the gas. Moreover the quality of gas is inferior and quantity was also less than that shown on the cylinder. When it was complained the 1st opposite party told that 2nd and 3rd opposite parties are responsible for the same. Therefore the complainant forced to surrender the gas connection and asked for refund of the security deposit and registration fee. The 1st opposite party told that the amount was entrusted with the 2nd and 3rd opposite parties. Hence this complaint for getting an amount of Rs.5750/- with interest from the opposite parties. Notice was sent to opposite parties and acknowledgement received. Opposite parties did not take care to appear before the Forum, or to file version and hence they were called absent and set exparte. 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 refund of the amount as prayed in the Complaint? 3. Relief and cost. The complainant adduced oral evidence and Ext.A1 marked on his side. IssueNos.1 to 3: Ext.A1 reveals that the complainant took gas connection from the 1st opposite party and 2 cylinders and regulator were surrendered before him on 1.9.2007.Ext.A1 is a document issued by 1st opposite party. The complainant in her evidence deposed that she has paid to 1st opposite party Rs.500/- as registration fee and Rs.5250/- as security deposit. She further deposed that since the distribution of gas became irregular she has returned the equipments before the 1str opposite party and asked to return the amount. The opposite party denied saying that the amount was handed over to opposite parties 2 and 3. From the available evidence it can be seen that the gas connection goes irregular. If gas is not supplied there is no use of regulator and empty cylinders. So by surrendering the equipment is the only way open before the complainant. As such there is deficiency in service on the part of opposite parties. So it is the duty of the opposite parties to refund the amount to the complainant when equipments were surrendered. In this case equipments were surrendered and Ext.A1 receipt issued, but opposite parties did not refund the amount. This is a clear deficiency in service on the part of the opposite parties and the complainant is entitled to get the amount back. Hence we are of the opinion that the opposite parties are liable to refund the amount of Rs.5750/- to the complainant. These issues are answered partly in favor of the complainant In the result, the complaint is allowed partly directing the opposite parties to refund the amount of 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 the consumer protection Act. No cost. Sd/ Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt dt.1,9,07 issued by OP 1.. Exhibits for the complainant : 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.
