Kerala

Kannur

CC/08/2

M.Sujatha,Vas Nivas,Parambath House, P.O.Vadakkumbad, Thalassery - Complainant(s)

Versus

1,Secretary, Vadakkumbad S.P.O.Vadakkumbad 670 109C.Bank - Opp.Party(s)

01 Jul 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/08/2

M.Sujatha,Vas Nivas,Parambath House, P.O.Vadakkumbad, Thalassery
...........Appellant(s)

Vs.

1,Secretary, Vadakkumbad S.P.O.Vadakkumbad 670 109C.Bank
2.Managing Director, Kerala State co.op.Consumer federation Gandhi Nagar, Kochi
3.Manager, Koldy Petroleum India Moongilmada, Vannamada, 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

O R D E R Sri.K.Gopalan,President This is a complaint filed under section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund the deposit amount of Rs.5750/- with interest and cost. As per the averment in the complaint, the complainant has taken gas connection from the 1st opposite party. It is understood that the 2nd and 3rd opposite parties are supplying gas through 1st opposite party. At the time of booking the gas connection she has paid Rs.5750/-. Because of the irregular supply of gas and of price rise the complainant surrendered the cylinders and regulator before the 1st opposite party on 1.9.07 and obtained Ext.A1, the receipt issued by the 1st opposite party. Though the equipments were surrendered opposite parties did not return the money. The opposite parties are liable to refund the amount. Notice served to opposite parties, but they did not care to appear before the Forum. Version also not filed. Opposite parties were called absent and set exparte. The main question to be decided is 1. Whether there is any deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled to get relief as prayed in the complaint? The complainant adduced oral evidence and Ext.A1 marked on her side. Issue Nos.1 &2 Ext.A1 proves that the complainant had been a consumer who took gas connection from the 1st opposite party. Complainant in her oral evidence deposed that she had paid Rs.5750/- for the gas connection. If the gas connection is irregular consumer cannot be blamed for the surrender of the connection. Irregular supply and price rise is a justifiable ground as far as consumer is concerned in the case of surrender of gas connection. Hence the opposite parties are held liable to refund an amount of Rs.5750/- to the complainant. In the result, the complaint is allowed in part directing the opposite parties to refund the amount of 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 the consumer protection Act, Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt dt.1.9.07 issued by OP1. Exhibits for the opposite party: Nil Witness examined for the complainant PW1: Complainant Witness examined for the opposite parties Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redrssal Forum, Kannur.




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