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 June    2010

C.C.No.30/2010

P.V.Damu,

KelothumkandiHouse,

Orikara,

P.O.Kadachira                                                                    Complainant

1. Secretary,

    Mavilayi Service co.op.Bank,

    P.O.Mavilayi,  Thalassery

2. Managing Director,

    Kerala State Co.op.Consumer Federation,               Opposite parties

    Gandhi Nagar, Kochi.

3. Koldy Petroleum India Ltd.

   Moongilamada,

   Vannamada, Kozhinhampara, 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 were 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. Opposite parties 2 and 3 appeared and filed their version. 2^nd opposite party submitted through their version that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this OP. 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 consumfefed itself appropriated Rs.150/-. As per the agreement   with the Koldy Petroleum India Ltd. They supplied two cylinders and one regulator to each consumer. The fled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. They further   admits that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 2^nd opposite party but due to withdrawal of  3^rd opposite party from supplying gas and hence if any liability is found only 3^rd opposite party is liable.

            3^rd opposite party filed their version contending that as per agreement between the 3^rd opposite party  and Kerala State  Consumer Federation Ltd. Kochin who is entrusted with the supply of LPG  connection through Neethi stores or  any retail sales outlets of the Kerala State consumer federation L:td.,3^rd opposite party has performed their part without any default. Hence thee is no deficiency of service on their part

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 proof affidavit of complainant and Exts.A1and A2 marked.

 Issue Nos. 1 to 3

            The complainant has stated in the complaint that he has availed gas connection from 1^st 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 connection certificate, which shows the complainant has taken gas connection from opposite parties.  Ext.A2 is the receipt, which shows that the complainant has paid Rs.5750/- for taking gas connection from 1^st opposite party. The oral evidence adduced by the complainant proves the case of the complainant that the distribution of cooking gas had been irregular and there by complainant and family suffered much difficulty. So there is deficiency of service on the part of opposite arties. 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. & A2Receipt issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.complainant

Witness examined for opposite parties: Nil

                                                                         /forwarded by order/

                                                                           Senior Superintendent

Consumer Disputes Redressal Forum, Kannur