Kerala

Kannur

CC/08/130

PanikkanChatthukutty,Shobha Nivas,Padannakkara,Pinarayi, 670 741. - Complainant(s)

Versus

1,Secretary, Pinarayi S.C.Bank,PO.Pinarayi,Kannur Dist. - Opp.Party(s)

18 Sep 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/08/130

PanikkanChatthukutty,Shobha Nivas,Padannakkara,Pinarayi, 670 741.
...........Appellant(s)

Vs.

1,Secretary, Pinarayi S.C.Bank,PO.Pinarayi,Kannur Dist.
2.Managing Director, Kerala State co.op.Consumer Federation,Gandhi Nigar,Kochi.
3.Manager, Koldi Petroleum India, Moongilamada, Kozhinhampara,Palakkad.
...........Respondent(s)


BEFORE:
1. GOPALAN.K 2. JESSY.M.D 3. PREETHAKUMARI.K.P

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Smt.JESSY.M.D: MEMBER This is a complaint filed under Section 12 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 purposes. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the first opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs 5750/- which 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 the first opposite party. Moreover the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. First 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 party not filed their version. 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 the oral testimony of pw1 and Exts. A1 and A2. ISSUE Nos. 1 to 3: The complainant has stated in the complaint that he has availed gas connection from first opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.. Ext.A1 is the receipt issued by first opposite party proves that the complainant has taken gas connection from opposite parties. Complainant stated that the opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to first opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. Ext.A1 receipt proves that the complainant paid RS 5750/-at the time of availing gas connection. Ext. A2 is the surrender certificate which shows that the complainant had surrendered two cylinders and one regulator to the first opposite party. Hence we are of the opinion that there caused some deficiency for which all the opposite parties are jointly and severally liable to refund RS 5750/- to the complainant. In the result the 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/-MEMBER Sd/- MEMBER Sd/-PRESIDENT APPENDIX Exhibits for the complainant A1. Receipt dt. 18.4.98 issued by the first oppositeparty A2. Certificate dt. 6.8.08issued by the first opposite party Exhibits for the opposite party – NIL Witness examined for the complainant PW1. Complainant Witness examined for the opposite party – NIL Forwarded/ by order SENIOR SUPERINTENDENT




......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P