DOF 15.1.2010

DOO. 12/7/ 2010

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 12^th     day of July   2010

C.C.No.12/2010

M.K.Tomy,

Mannur House,

Nellippara P.O.,

Alakkode 670 571.                                                                    Complainant

1. Secretary,

    Alakkode Service co.op.Bank,

    P.O.Alakkode,  670571.

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                                Opposite parties

    Gandhi Nagar, Kochi.

3. Koldy Petroleum India Ltd.

   Moongilamada,

   Vannamada, Kozhinhampara, Palakkad.

          O R D E R

Smt.M.D.Jessy, Member

            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 interest and cost

The case of the complainant in brief is as follows:           The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1^st opposite party he assured that 2^nd opposite party will provide gas connection on deposit of Rs.5750/- that will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1^st opposite party. More over they supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1^st opposite party was not ready to refund the amount and hence the complaint.

            On receiving the complaint, notices were issued to the opposite parties.

1^st opposite party filed version contending that  1^st opposite party   distributed the Neethi Gas connection for 2^nd opposite party. 1^st opposite party is an agent of 2^nd opposite party. 1^st opposite party accepted Rs.5750/- from complainant and Rs.3250/- is paid to 2^nd opposite party as against connection charge and agency commission and balance Rs.2500/- is also paid to 2^nd opposite party as security. So 1^st opposite party is not responsible.

 2^nd opposite party filed version  contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this OP. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd. And Rs.100/- to primary societies through which connection was availed and consumerfed itself appropriated Rs.150/-. As per the agreement  with the Koldy Petroleum India Ltd. they supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. They further   admits that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 2^nd opposite party

            The main question to be decided is whether or not there is any deficiency in service on the pat of the opposite parties?

            The oral testimony of the complainant and Exts.A1 to A6 marked for complainant’s side.

Admittedly complainant took cooking gas connection from the opposite parties by paying Rs.5750/-. The document Ext.A1 and 2 are the receipts issued by1st opposite party. Ext.A3 is the connection certificate which shows that complainant has taken gas connection from opposite parties.Ext.A4 is consumer card given by 1^st opposite party to complainant. Ext.A5 is the letter written by complainant to1st opposite party. Ext.A6 is the letter written by 1^st opposite party to the complainant. At the time of giving evidence, complainant stated that he had already returned two cylinders to1st opposite party.  Unchallenging evidence adduced by the complainant by chief affidavit  proved the case of the complainant that the distribution of cooking gas had been supplied  irregularly and there by complainant and family suffered much difficulty. So there is deficiency of service on the part of opposite parties. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus 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/-(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. & A2Receipt issued by OP

A3.Connection certificate issued by OP

A4.Token issued by OP

A5.Copy of the letter dt.6.5.06 sent to OP

A6. Letter dt.30.6.06 sent by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.complainant

Witness examined for opposite parties: Nil

                                                                         /forwarded by order/

                                                                           Senior Superintendent

Consumer Disputes Redressal Forum, Kannur