DOF.30.3.10 DOO.4.10.10 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 4th day of October 2010 C.C.No.97/2010 K.M.Murthasam Koovachiyill, Sathram Road, Kappad 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 Rs.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 Rs.5750/- at the time of taking the connection and he was then assured by the 2nd 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. 1st opposite party appeared and filed their version. 1st opposite party filed their version contending that at the time of giving cooking gas connection consumerfed had received Rs.5750/- from all the consumers including the complainant in this O.P. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd. and Rs.100/- to 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 Ltd. 1st opposite party also submitted that it has suffered heavy loss by venturing in the cooking gas segment and at that time there was undue delay in getting gas connection. But it was done with the sole motive of helping the public of Kerala. 1st opposite party contended that the amount of Rs.5750/- was only connection fee and not security deposit. Therefore the claim for refund of the same is baseless. Hence the complainant is not entitled to refund. 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 stated in the complaint that he has availed gas connection from 2nd opposite party by paying an amount of Rs.5750/-. Ext.A1 is the connection certificate which shows that complainant has taken gas connection from opposite parties. Ext.A2 is the receipt which shows that the complainant has paid Rs.5750/- to 2nd opposite party on 17.9.99. As per the averments in the complaint, complainant has taken cooking gas connection from opposite parties through 2nd opposite party Kappad SC 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 2nd 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 parties did not take care to refund the amount. So there is deficiency of service on the part of opposite party. Ext.A3 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 2nd opposite party on 8.3.2010. Hence we are of opinion that all opposite parties are jointly and severally liable to refund Rs.5750/- to the 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& A2.Connection certificate and Certificates issued by OP A3.Surrendering 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 | 
