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 9^th   day of  September  2009

C.C.No.100/2009

Thottummoth Kunhamina,

Thottummoth House,

Koyyod, P.O.Koyyod                                                       Complainant

(Rep. by Adv.M.P.Vinayaraj)  

1. Secretary,

    Koyyod   Service co.op.Bank,

    P.O.Koyyod.

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 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 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 and opposite parties 2 and 3 filed their version. 2^nd opposite party filed their version contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all consumers. 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 consumer fed itself appropriated Rs.150/-. As per the agreement with the Koldy Petroleum India Ltd. they supplied two cylinders and one regulator to each consumer.

            3^rd Opposite party filed their version contending that 3^rd 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 3^rd opposite party, 3^rd 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 Exts.A1.and A2.

Issue Nos. 1 to 3

The complainant has stated in the complaint that she has availed gas connection from 1^st 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 which shows that the  complainant has already paid the amount to 1^st opposite party.  Ext.A2 is the surrendering certificate which shows that the complainant has surrendered two cylinders and one regulator to 1`st 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. Connection certificate 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