D.O.F. 15.11.2011 D.O.O. 12.01.2012 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 12th day of January, 2012. C.C.No.343/2011 T.K. Vijayan, ‘Parvathi’, Thannada, Chala East P.O. : Complainant Kannur. 1. Kerala State Consumer Federation Ltd., Gandhi Nagar, Ernakulam, Cochin-20 represented by its Manager. 2. Koyyod Service Co-operative Bank Ltd., : Opposite Parties H.O. Koyyod, P.O. Koyyod, Kannur – 670621. 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 parties 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 terms of the contract. The said payment was made through agent of opposite party ie Koyyod Service Co-op. Bank Ltd, P.O. Koyyod. But the supply of gas happened to be irregular. So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Koyyod Service Co-op. Bank. But the opposite party were not ready to repay the amount. Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint, notices were issued to opposite parties. 1st opposite party sent their version as follows: At the time of giving cooking gas connection Consumerfed had received ` 5750 from all consumers including the complainant in this OP. 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. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. On the above pleadings the following issues were raised for consideration. 1. Whether there is any deficiency in service on the part of 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. Issues No.1 to 3 : The complainant has stated in the complaint that he has availed gas connection from 2nd opposite party by paying an amount of ` 5750. Ext.A1 is the authorization letter filed by the complainant entrusting his son to conduct the case. Ext.A2 is the certificate given by Koyyode Service Co-operative bank dated 10.11.2011 which shows that complainant has paid ` 5,00 on 13.04.1998 and ` 5,250 on 23.04.98 and altogether ` 5,750 paid by the complainant for taking gas connection. Ext.A2 also shows that complainant has surrendered two cylinders and one regulator to 2nd opposite party on 10.11.11. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. But the amount not refunded to the complainant eventhough the equipments are returned. Hence all opposite parties jointly and severally liable to refund ` 5,750 to the complainant. In the result, the complaint is allowed directing the opposite parties to pay an amount of ` 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 12th day of January, 2012. Sd/- Sd/- President Member Member APPENDIX Exhibits for the Complainant A1. Authorisation letter dated 22.12.2011. A2. Certificate issued by OP dated 10.11.2011 Exhibits for the opposite party Nil Witness examined for the complainant PW1. Sujith Kumar T.K. Witness examined for opposite party Nil /forwarded by order/ SENIOR SUPERINTENDENT |