D.O.F. 04.02.2009 D.O.O. 09.12.2010 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 9th day of December, 2010. C.C.No.47/2010 P.V. Suresh Babu, Puthiya Veettil, : Complainant Menapram Kerala State Co-operative Consumers Federation Ltd., : Opposite party Gandhi Nagar, Ernakulam. Cochin – 682 020 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 with interest and cost. The case of the complainant in brief is as follows : The opposite party jointly with Chokli Service Co-op Bank provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders without any delay. But there was no due supply of cooking gas and committed gross defect in performing the part of the contract. The said payment was made through agent of opposite party ie Chokli Service Co-op. Bank Ltd, P.O. Chokli. So complainant made request to repay deposit amount before Secretary, Chokli Service Co-op. Bank. But the opposite party was not ready to repay the amount. 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 were issued to the opposite party. Opposite party filed their version contending that at the time of giving cooking gas connection Consumerfed had received ` 5,750 from all the Consumers including the complainant in this O.P. Out of this amount ` 5,500 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. As per the agreement with the Koldy Petroleum India Ltd they supplied two cylinders and one regulator to each consumers. 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 admits that some delay was caused in supplying refilled gas cylinders. 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 the complainant and Ext.A1 to A5 marked. Issues No.1 to 3 : The complainant has stated in the complaint that he has availed gas connection from opposite party (Consumer Federation) on payment of ` 5,750/-. The said payment was made through the agent of opposite party ie Chokli Service Co-op. Bank Ltd. The opposite party offered spot connection and regular supply of gas cylinders. Ext.A1 is the connection certificate which shows the complainant has taken gas connection from opposite parties. Ext.A2 is the letter written by opposite party on 11.02.2009 which deals how to return deposited amount to the customer. Ext.A3 is the letter written by Chokli Service Co-operative Bank to complainant on 15.05.2009 which deals with disconnection of gas connection application on 16.12.2008. Ext. A4 is the miscellaneous receipt worth ` 975. Ext.A5 is the receipt dated 14.06.2010 which shows that the complainant has paid ` 5,750 for taking gas connection from opposite party and this amount was paid through agent of opposite party ie Chokli Service Co-op. Bank. Complainant paid ` 5,750 at the time of taking gas connection and he was then assured by opposite party that amount would be returned when the equipments are returned. Since the gas distribution become irregular the complainant requested before Secretary, Chokli Service Co-operative Bank and the said application was made over to opposite party but opposite party was not ready to repay full amount. Hence we are of opinion that there is a deficiency in service and opposite party is liable to refund ` 5,750 to the complainant. Hence issues 1 to 3 are found in favour of complainant. 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 considering the peculiar situation we are avoiding cost and compensation. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the Complainant A1. Connection Certificate. A2. Reply notice dated 11.02.2009. A3. Notice dated 15.05.2009. A4. Cash receipt dated 01.12.1998. A5. Certificate dated 14.06.2010. Exhibits for the opposite party Nil Witness examined for the complainant Nil Witness examined for opposite party Nil /forwarded by order/ SENIOR SUPERINTENDENT
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
