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  6^th  day of May   2010

C.C.No.17/2010

Sreejaya Teacher,

‘Chithira’

Chala Padinharekkara,

P.O.Thottad                                                                     Complainant

1. Secretary,

    Mavilayi  Service co.op.Bank,

     P.O.Mavilayi.

 2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   opposite parties

    Gandhi Nagar, Kochi.

3.Manager,

   Koldy Petrtoleum India,

   Moongilmada,Vannamada,

   Kozhinhampara,Palakkad.

          O R D E R

Smt.K.P.Preethakumari, 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

            The case of the complainant is that she had availed cooking gas connection from the 1^st opposite party,  by depositing an amount of Rs.5750/- on 9.10.98. The distribution of gas connection is a joint effort of all the opposite parties. At the time of availing the connection. Opposite parties assured the complainant  that they will refund the deposited amount of Rs.5750/- in the event  of surrendering gas connection. The opposite parties failed to supply refilled gas cylinder regularly and that supplied was of substandard both in quality and quantity. So the complainant complained to the 1^st opposite party and they represented that opposite parties 2 and 3 are responsible for the same. So the complainant had surrendered the gas connection on 31.12.09 and requested for refund of deposited amount. But they are not ready and hence this complaint.

            Upon receiving the complaint, Forum sent notice to both sides. Opposite parties 2 and 3 sent version. 1^st  opposite party remains absent.

            2^nd opposite party filed version admitting that they have received Rs.5750/- at the time of availing connection and out of which Rs.5500/- was given to Koldy petroleum and Rs.100/- to 1^st opposite arty and they had appropriated Rs.150/-. The 3^rd opposite party has to supply the refilled cylinders in a periodical manner. So there is no deficiency on the part of opposite parties 2 and 3 is liable to refund the deposited amount.

            3^rd opposite party also filed version contending that they are not liable to refund any amount to the  complainant in the absence of a contract and as per the contract between opposite parties 2 and 3,3^rd opposite party has performed their part without any default. The 2^nd opposite party has to pay the amount agreed for each domestic connection and hence 3^rd opposite party has no liability and hence the complaint is liable to be dismissed.

            On the above pleadings the following issues have been taken for consideration. 

1. Whether there is any deficiency on the part of the opposite parties?

2. Whether the complainant is entitled for the remedy as prayed in the complaint?

3. Relief and cost.

The evidence consists of consist of the oral testimony of  complainant as PW1 and Exts.A1 to A3.

Issue Nos. 1 to 3

            The admission of opposite party along with the Ext.A1 shows that the complainant has availed gas connection by giving Rs.5750/- to the opposite parties. The 2^nd opposite party admits that there caused delay in supplying refilled gas cylinder. The Ext.A2 shows that the complainant has surrendered the gas connection on 31.12.09. So it is proved that the complainant had availed gas connection by giving Rs.5750/- to the opposite party and had surrendered the gas connection due to the deficiency of opposite parties. The complainant contended that at the time of availing gas connection, the opposite parties assured that the deposited amount will be refunded at the time of surrendering connection.. The opposite parties are not turned up before the Forum and no contra evidence is before us. Sow e are of the opinion that there is deficiency of service on the part of opposite parties for which they are liable to  compensate the complainant by refunding the amount of rs.5750/- to the complainant and the complainant is entitled to receive the same and the order passed accordingly.

            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. & A2.Receipt dt.2.12.09  issued by OP

A3Post card issued by OP

Exhibits for the opposite parties: Nil

Witness examined for Complainant

PW1.Complainannt

Witness examined for the opposite parties: Nil   /forwarded by order/

                                                                                    Senior superintendent

Consumer Disputes Redressal Forum, Kannur