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  16^th  day of  February,  2010.

C.C.No.241/09

Ajayan.A.,

Thachileri House,

Chemibilode,

P.O.Koyyode-670 621.                       :                       Complainant

1. Koyyode Service Co-operative Bank P.O.,

Koyyode Head Office,

Koyyode.

                                                            :                    Opposite Parties             

2. Manager,

Neethi Sotre, Koyyode.

3. The Managing Director,

Kerala State Co-operative Consumer Federation, Gandhi Nagar,

Cochin.

                                                                        O R D E R

         Smt.M.D.Jessy, Member.

This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the Opposite Parties to refund Rs.5750/- together with the interest.

As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 1^st Opposite Party Koyyode Service Co-operative Bank.  The distribution of gas connection is a joint effort of all opposite parties.  Complainant paid Rs.5750/- at the time of taking the connection and he was then assured by the 1^st Opposite Party that the amount would be refunded when the equipments are returned.  Since the gas distribution became irregular along with the high increase of price of gas, the complainant constrained to surrender the equipments 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.  But Opposite Parties 1 to 3 did not take interest to appear before the Forum nor filed the version.

The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties?

Complainant has no oral evidence.  Exts.A1 and A2 marked on the side of the Complainant.

Admittedly Complainant took gas connection from the by paying Rs.5750/-. The document No.A1 is the receipt issued by 1^st Opposite Party that Complainant took cooking gas connection from Opposite Parties by paying Rs.5750/-.  The document Ext.A2 is the surrendering certificate.  The Complainant has surrendered the equipments and disconnected gas connection.  Since the gas distribution had not been performed by Opposite Parties on uninterruptedly the failure of Opposite Parties in distributing the gas uninterruptedly has only been considered as deficiency in service on the part of Opposite Parties.  Hence we are of opinion that Opposite Parties are liable to refund Rs.5750/- for 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 or 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          

Exhibits for the complainant:

A1: Receipt dtd. 18.08.09 issued by 1^st Opposite Party.

A2: Surrendering certificate issued by 1^st Opposite Party..

Exhibits for the opposite party: Nil

Witnesses examined for the complainant:

PW1:  Ajayan.A.

Witness examined for the opposite party: Nil

//Forwarded by Order//

                                           Senior Superintendent,

Consumer Disputes Redressal Forum, Kannur.