DOF.29.12.10

DOO.9.3.11

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  March  2011

C.C.No.306 /2010

C.H.Yousaf,

Ezhuthupalliiparambath,

North Paradu,

Post. Puthur 670 692                                        Complainant

1. Managing Director,

    Kerala State Co-op. Consumer Federation,        Opposite parties

    Gandhi Nagar, Kochi

 2. Secretary,

    Kolavallur  Service co-op. Bank,

    P.O. Cheruparamba,

    (Via)Thoovakunnu.

          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 `5750 together with interest.

The case of the complainant in brief is as follows: the 1^st  opposite party jointly with Kolavallur Service co. operative Bank provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders. But there was no due supply of cooking gas and committed gross defect in performing the part of the contract. When complainant approached 2^nd opposite party he assured that 1^st  opposite party will provide gas connection on deposit of `5750 which will be refunded in the event of termination of the gas connection. Complainant paid `5750 and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 2^nd opposite party. Moreover 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 and hence the complaint.

          On receiving the complaint Forum sent notices to opposite parties but they have 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 oral testimony of the complainant as PW1 and Ext.A1 to A3 marked.

 Issue Nos. 1 to 3

          The complainant has stated in the complaint that he has availed gas connection from 2^nd opposite party by paying an amount of `5750/-. Ext.A1 is the receipt which shows that the complainant has paid `1000 on 24.9.1999 and Ext.A2 is the receipt which shows that the complainant has paid `4750 on 13.6.2000. Altogether complainant has paid `5750 for taking cooking gas connection from opposite parties through 2^nd opposite party, Kolavallur Service co. operative Bank. Complainant was assured by 2^nd opposite party that the amount would be refunded when the equipments are returned. Ext.A3 is the pass book which shows that the complainant is a consumer of 1^st opposite party. Ext.A3, No.019048 issued on 12.7.2000.  Since the gas distribution become irregular along with high increase of price of gas, the complainant decided to disconnect gas connection. Complainant made request to opposite parties for refund of connection fee but opposite party was not ready to repay the full amount. Hence all opposite parties are jointly and severally liable to refund `5750 to complainant. Thus issues 1 to 3 are found in favour of complainant.

                   In the result, complaint is allowed directing the opposite parties to refund `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. Complainant has to return two cylinders and one regulator when he receiving the amount.   

                           Sd/-                   Sd/-             Sd/-    

                      President            Member         Member

                                             APPENDIX

Exhibits for the complainant

A1 & A2.Receipts issued by OP

A3.    Copy of the pass book issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for either side: Nil

 /forwarded by order/

                                                                             Senior Superintendent                                              

Consumer Disputes Redressal Forum,Kannur.