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 9th day of September 2009 C.C.No.121/2009 C.K.Suvitha, Valiyamuttath House, P.O.Palayad Complainant 1. Secretary, Dharmadam Service co.op.Bank, Head Office, P.O.Palayad. 2. Managing Director, Kerala State Co.op.Consumer Federation, Opposite parties Gandhi Nagar, Kochi. 3. Manager, Koldy Petroleum India Ltd., Moongilamada,Vannamada, 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 1st opposite party he assured that 2nd 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 1st opposite party. More over they supplied refilled gas cylinders of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint, notices were issued to the opposite parties. Opposite parties 1 and 2 were absent and they haave not cared to appear and file their version. 3rd Opposite party filed their version contending that 3rd opposite party is not liable to refund any amount to the complainant. The complaint has been filed by the complainant for getting refund of the amount deposited by him for getting LPG connection from the 1st opposite party. In the absence of any agreement between the complainant and 3rd opposite party 3rd opposite party has not offered any service to the complainant. 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 oral testimony of complainant as PW1 and Exts.A1.and A2 marked on his side. Issue Nos. 1 to 3 The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt issued by1st opposite party which proves that the complaint has taken gas connection from opposite parties. Ext.A2 is the surrendering certificate which shows that complainant has surrendered two cylinders and one regulator to 1st opposite party. 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.Receipt issued by OP A2. Certificate issued by OP Exhibits for the opposite parties: Nil Witness examined for the complainant PW1.Complainant Witness examined for opposite party: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
