D.O.F. 04.07.2011

                                          D.O.O. 14.10.2011

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 14^th day of October,  2011.

C.C.No.209/2011

R.K. Kunhahammad,

Mandambeth House,

Chembilod,                                                           :         Complainant

P.O. Mouvanchery, Kannur

PIN : 670613

(Rep. by Adv. Ranjith Kumar P.V)

1.  The Managing Director,

     Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar                                

     Ernakulam,  Cochin – 682 020                       :         Opposite parties

2.  Koyyod Service Co-operative Bank Ltd.,

     H.O. Koyyod,

     P.O. Koyyod, Kannur

     PIN : 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.  

          As per the averments in the complaint,  the complainant has taken cooking gas connection from opposite parties through 1^st opposite party, Koyyod 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 1^st 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 filed.

          After receiving the complaint Forum sent notices to opposite parties.  Opposite party not appeared and not filed their version.

          On the above pleadings the following issues were raised for consideration.

1)     Whether there is any deficiency of 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 chief affidavit of the complainant and Ext.A1 marked.

Issues No.1 to 3

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of ` 5750.  The complainant was assured that the amount will be refunded at the time when equipments are surrendered.  Ext.A1 is the receipt dated 08.03.2011 which shows that complainant has paid ` 500 on 07.09.1998 and ` 5250 on 15.09.98 altogether ` 5750 paid by the complainant to 1^st opposite party for taking gas connection.  Ext.A1 also shows that complainant has surrendered two cylinders and one regulator to 1^st opposite party.  Here all opposite parties are jointly and severally liable to refund   ` 5750 to the complainant.

          In the result complaint is allowed directing opposite party to refund ` 5750 (Rupees Five Thousand Seven Hundred and Fifty only) to the complainant within one month from the date of this order, failing which the complainant is allowed to execute the order against opposite party under the provisions of Consumer Protection Act. 

                               Sd/-                    Sd/-            Sd/-                             

President              Member      Member

APPENDIX

Exhibits for the Complainant

A1.  Certificate dated 08.03.11.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil                     

/forwarded by order/

                                                                     SENIOR SUPERINTENDENT