IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present: Sri.K.Gopalan:            President

K.P.Preethakumari:                  Member

Smt.M.D.Jessy:                        Member

                         Dated this the   6^th day of    January, 2009.

C.C.No.261/09

O.Sathy,

D/o Janu,

Manjoli Thazhe House                                                              : Complainant

P.O.Vadakkumpad,

Thalassery.

(Rep. by Adv.K.P.Subash Chandran)

Vs.

1.      Vadakkumpad Service Co-operative Bank Ltd.,

      Vadakkumpad P.O.,

       Thalassery.                                                                         :           Opposite Parties

2. The Managing Director,

     Kerala State Co-operative Consumer Federation Ltd.,

     Gandhi Nagar,

      Kochi.

                                                            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 at the rate of 12% and also to pay an amount of Rs.25,000/-.

            The case of the Complainant is as follows:  The Complainant had taken a cooking gas connection through Neethi Store, Vadamkkumpad Service Co-operative Bank.  The Complainant had paid an amount of Rs.5750/- through that Bank.  The Opposite Parties agreed to supply 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 Court.

            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 1^st 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 paid the amount to Opposite Party.  Ext.A3 is the surrendering certificate which shows the complaint had surrendered two cylinders and one regulator to 1^st Opposite Party.  Under such circumstances the Opposite Parties are liable to refund the amount Rs.5750/-.  Hence the issues 1 to 3 are found in favour of the Complainant.

In the result, Complaint is allowed directing the Opposite Parties to refund

Rs.5,750/- 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

A P P  E  N D I X

Exhibits for the complainant:

Ext.A1:  Connection Certificate No.801  issued to the Complainant.

Ext.A2   Certificate dtd.17.07.09

Ext.A3:  Receipt of the cylinders & regulator  dtd.11.08.07 issued by the OP.

Exhibit for the Opposite Parties: NIL

Witness examined for either side: Nil

//Forwarded by Order//

Senior Superintendent

Consumer Disputes Redessal Forum, Kannur.