DOF.20.4.2010

DOO.4.9.2010

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 4^th    day of  September   2010

C.C.No.112/2010

M.V.Ambadi,

Maleveettil House,

Thaze chovva.P.O.

Kannur.                                                                    Complainant

 1. Managing Director,

   Kerala State Co.op.Consumer Federation,               Opposite parties

   Gandhi Nagar, Kochi.

2. Secretary,

   Kappad S.C.Bank,

   P.O.Kappad.

        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: On 28.9.98 the complainant availed LPG connection from 2^nd opposite party under  register No.09512.It was promised that the 1^st opposite party will    deliver the cylinders  through the Neethi store conducted by 2^nd  opposite party. At the time of availing connection 2^nd opposite party received an amount of Rs.5750/- as deposit for the connection and receipt for the same was issued to the complainant. It was agreed by 2^nd opposite party that the security amount will be returned to the complaint at the time of surrendering the gas connection. The opposite parties failed to deliver cylinders promptly and the quality and quantity of the gas is also below standard. Even though the complainant raised objection many times before 2^nd opposite party they evaded from the liability by saying that 1`st opposite party is responsible for the same. Since the service rendered by the opposite parties are not feasible the complaint surrendered the gas cylinders before 2nd opposite party and requested to return the security amount. But the 2^nd opposite party did not pay the same stating that deposit amount were handed over to 1^st opposite party. The opposite parties are not so far returned the security amount to the complainant and the said act amounts deficiency in service on the part of the opposite parties.

            On receiving the complaint, notices were issued to the opposite parties. 1^st opposite party filed their version.

1^st opposite party filed version contending 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 the  primary societies through which connection was availed and consumerfed 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 filled cylinders in a periodical manner were also supplied by Koldy Petroleum India.

            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.A1 to A3 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 receipt, which shows that the complainant already paid Rs.5750/- to 2^nd opposite party. Ext.A2 is the connection certificate, which shows the complainant has taken gas connection from 2^nd opposite party. Ext.A3 is the surrendering certificate which shows complaint has surrendered two cylinders and one regulator to 2^nd opposite party on 26.9.08.

            In the light of the available evidence on records we are of opinion that there is deficiency in service on the part of opposite parties because opposite parties promised to the complainant that they will return the amount at the time when the equipments are surrendered. But they failed to comply the same. The opposite parties are liable to refund the amount of Rs.5750/- to 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. & A3. Receipt issued by OP

A2. Connection certificate issued by OP

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                         /forwarded by order/

                                                                           Senior Superintendent

Consumer Disputes Redressal Forum, Kannur