D.O.F. 03.04.2012

                                          D.O.O. 11.06.2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                  :                President

                   Smt. K.P.Preethakumari   :               Member

                   Smt. M.D.Jessy                 :               Member

Dated this the 11^th day of June,  2012.

C.C.No.106/2012

Hassan Haji Malayil,

Kolavallur,

P.O. Cheruparmb,                                                          :        Complainant

Thoovakkunnu (Via),

Kannur - 670693

1.  Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar                      

     Ernakulam,  Cochin – 682 020                       :         Opposite parties

2.  Kolavalloor Co-op. Bank Ltd.

     P.O. Kadavathur – 670676

O R D E R

Smt. M.D. Jessy, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for getting an order directing the opposite parties to refund ` 5750 together with interest.  

                             As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 2^nd opposite party, Kolavalloor Service Co-operative Bank.   The distribution of gas connection is a joint effort of all opposite parties.   Complainant paid 5750 at the time of taking the connection and he was then assured by the 2^nd opposite party that the amount would be refunded when the equipments are returned.  Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnecting the gas connection.  Even after surrendering the equipments opposite party did not take care to refund the amount.   Hence this complaint.

After receiving the complaint Forum sent notices to both sides.   1^st opposite party sent their version.  Opposite party filed their version contending that at the time of giving cooking gas connection Consumerfed had received ` 5750 from all the consumers including the complainant in this O.P.  Out of this amount  ` 5500 was given to Koldy Petroleum India Ltd and ` 100 to primary societies through which connection was availed and Consumerfed itself appropriated ` 150.  As per the agreement with the Koldy Petroleum India Ltd., they supplied two cylinders and one regulator to each consumers.  The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd.  They further admit that some delay was caused in supplying refilled gas cylinder which was caused not because of any default committed by 1^st opposite party.  So 1^st opposite party is not liable.

          On the above pleadings the following issues were raised for consideration.

1.        Whether there is any deficiency of 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 and Ext.A1 and A2 marked.

Issue No.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.  The complainant was assured that the amount will be refunded at the time when the equipments are returned. 

          The complainant has stated in the complaint that he has aailed gas connection from 2^nd opposite party by paying an amount of `5750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt which shows that complainant has paid `5750 for availing gas connection from 2^nd opposite party.  Ext.A2 is the gas connection certificate which shows that complainant has taken gas connection from opposite parties.   It is the specific case of the complainant that there was deficiency of service on the part of 2^nd opposite party in supplying gas to the customers.  Opposite parties are having bounden duty to provide gas to the customers properly.  Here the complainant is ready to surrender the equipments.  Here all opposite parties are jointly and severally liable to refund 5750 to the complainant.

          Hence the complainant is entitled to get refunding of the security amount of ` 5750.  Hence we are having the opinion that all opposite parties are jointly and severally liable to refund ` 5750 to the complainant.  Considering the peculiar situation we are avoiding cost and compensation.  Complainant has to surrender the equipments when he receiving `5750 from the opposite party.

          In the result, the 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 entitled to execute the order as per the provisions of Consumer Protection Act.        

          Dated this the 11^th  day of June, 2012.

                            Sd/-                        Sd/-                Sd/-

                        President                   Member         Member

APPENDIX

Exhibits for the Complainant

A1.  Receipt dated 03.10.1998.

A2.  Gas connection certificate.

Exhibits for the opposite party

Nil

Witness examined for the com

plainant

Nil

Witness examined for opposite party

Nil                                                                      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT