DOF.21.1.10

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, 17^th  the  day of  May     2010

C.C.No.31/2010

    Geetha.C.M.

     Ashtapathi,                                                          Complainant

    P.O.Koyyod,Kannur.

1. Secretary,

    Koyyod Service Co.op.Bank,

     P.O.Koyyod,

    Kannur.

2. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

          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.1^st opposite party neither entered appearance nor filed versi9on. 2^nd opposite party filed version but they did not appear before this Forum.

            2^nd opposite party filed version contending that it is not correct to say that Rs.500/- paid by complainant as registration fee and the balance Rs.5250/- as security deposit. In fact the whole amount of Rs.5750/- was only connection fee. Therefore the claim for refund of the amount in pretext of security deposit is baseless.          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.

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/-. Ext.A1 is the receipt issued by 1st opposite party proves that the complainant has taken gas connection from opposite parties and paid Rs.5750/-. Ext.A2 is the connection certificate.  The evidence adduced  by the complainant proves that opposite parties failed to distribute the cooking  gas regularly.  When the consumer complained 1^st opposite party expressed his inability and explained that it is the consumer fed and Koldy Petroleum India Ltd.  are responsible for the supply of gas and 1^st opposite party is only distributing it  to the consumers. Consumer fed contended that distribution become irregular only because the Koldy Petroleum India Ltd. Abruptly stopped the supply. The available evidence  on record goes to show that the distribution of gas became irregular, whatever maybe the problem existed in between the opposite parties. If gas is not available regularly that will naturally affect the daily affairs of the family. It is quite clear that in the present case the cooking gas distribution became irregular gradually and there by the consumer suffered. So we have no hesitation to hold that this sate of affairs is the result of deficiency in-service on the part of opposite parties. The complainant is entitled to get the amount refunded, which the opposite parties are jointly and severally liable to pay. 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.Certificate dt.20.1.10 issued by OP

A2. Connection certificate issued by OP

Exhibits for the opposite parties: Nil                              /forwarded by order/

Witness examined for the complainant

PW1.Complainant                                                          Senior Superintendent

Witness examined for opposite parties: Nil                       

Consumer Disputes Redressal Forum, Kannur