DOF.11-02-2013

DOO.04-07-2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

                            Dated this, the  4^th     day of   July    2013

C.C.No.42 /2013

K.Sreedharan,

Kadankod Veedu,

Velam Temple Road,

P.O.Mayyil. 670 602

                                                                           Complainant

1    Managing Director,

      Kerala State Co.op.Consumer Federation,              

      Gandhi Nagar, Kochi.

 2.   Secretary,                                                      Opposite parties

       Mayyil  Service co.op. Bank,

       P.O.Mayyil. 670 602.

          O R D E R

Sri.K.Gopalan, President

          This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750 with interest and cost

The case of the complainant in brief is as follows: The complainant has taken cooking gas connection from the opposite parties. At the time of taking the connection he has paid Rs.5750. 2^nd opposite party/Bank promised the complainant to refund the same at the time when the connection happened to be surrendered. The cooking gas distribution by the opposite parties later on became irregular and the quality also deteriorated. When it was complained to 2^nd  opposite party they answered that 1^st   opposite party is  responsible for the same. Because of these reasons complainant surrendered the connection demanding to refund the amount of Rs.5750. But the amount was not refunded by them. Hence this complaint.

In pursuance to the notice issued by the Forum opposite parties remains absent, even though proper notice was issued to them. Subsequently they were called  absent and set exparte. The complainant adduced evidence by way of chief affidavit and Exts.A1 to A3 marked on his side.

          The main issue to be considered is whether there is any deficiency in service on the side of opposite parties.

          The evidence adduced by complainant including Ext.A1 receipt issued by the 2^nd  opposite party and Ext.A2 as the receipt receiving the cylinders and regulator goes to show that the complainant has deposited   Rs.5750 at the time of taking cooking gas connection and he had surrendered two cylinders and one regulator at the time of surrendering the connection. It is an admitted fact that complainant had paid the amount. Opposite parties have no cases that the amount is refunded. The available evidence makes it certain that the distribution of cooking gas was stopped and complainant has no other way except surrendering the same. It is evident that there is increase in price and failure of distribution of gas which amounts to deficiency in service in the joint venture of the opposite parties. The opposite parties are liable to refund the amount of Rs.5750 deposited by the complainant. No cost is ordered considering the peculiar situation and thus the issue is answered partly in favour of the complainant and order passed accordingly.

          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/-

                                  President            

                                             APPENDIX

Exhibits for the complainant

A1 to  A3. Certificates dated issued by OP 

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                /forwarded by order/

                                                                   Senior Superintendent