DOF.08.03.12

DOO.29.05.12

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 29^th    day of  May    2012

C.C.No.76/2012

P.Abdul Khader,

K.P.House,

P.O.Thazhe chovva,

Kannur 670 018                                                    Complainant

1. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

2. Secretary,

    Kappad  Service co.op. 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 `5750/- with interest.

As per the averments in the compliant, the complainant has taken cooking gas connection from opposite parties through 2nd opposite party Kappad  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 filed their version. 1^st 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 consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. They further   admit that some delay 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 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 complainant and Exts.A1 to  A3 marked.

 Issue Nos. 1 to 3

The complainant has availed gas connection from 2^nd opposite party by paying an amount of `5750/-. Ext.A1 is the receipt dt. 24.2.2012 which shows that the complainant has paid `5750/- to 2^nd opposite party.  As per the averments in the complaint, complainant has taken cooking gas connection from opposite parties through 2^nd Opposite party Kappad SC 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 2<sup>nd</sup> opposite party that 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. So there is deficiency of service on the part of opposite party. Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 2<sup>nd</sup> opposite party on 24.02.2012.Ext.A3 is the coupon issued by opposite parties. Hence we are of opinion that all opposite parties are jointly and severally liable to refund `5750/- to the 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.   

                   Sd/-                               Sd/-                       Sd/-          

             President                        Member                    Member

APPENDIX

Exhibits for the complainant

A1& A2.Certificates issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant:

 PW1.Complainant

Witness examined for the opposite parties: Nil  

                                                                    /forwarded by order/

                                                                   Senior Superintendent

Consumer Disputes Redressal Forum, Kannur