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 21st day of October 2009 C.C.No.72/2009 K.Gopalan, Koyalaprath”Yasass” Kariad.P.O. Complainant Thalassery 1. Managing Director, Kerala State Co.op.Consumer Federation, opposite parties Gandhi Nagar, Kochi. O R D E R Smt.K.P.Preethakumari, 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 Rs.5000/- as compensation. The case of the complainant is that he had availed gas connection by paying an amount of Rs.5750/- as deposit from the Chokli service Bank who was an agent of the opposite party with an assurance that they will supply cooking gas regularly. But against the assurance there was unilateral refusal of supply of gas on the side of opposite party and demanded exorbitant amount for gas and demanding Rs.60/- as transportation charge. Since there is imperfection and shortcoming in the service, which is required to be maintained the complainant is entitled to get refund the deposit amount and hence had sent a notice for return of deposit and the opposite party had issued a reply agreeing to repay Rs.2500/-. But the complainant is not accepted the proposal as he is legally entitled to get deposit refunded. So there is deficiency on the part of opposite party and hence this complaint. On receiving the complaint, notice was issued to the opposite party and opposite party remains absent even though he had acknowledged the notice and hence he was set exparte. The main point to be decided in this case is whether there is any deficiency on the part of the opposite parties? The evidence consists of chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A3. The complainant has filed chief affidavit according to the pleadings and produced connection certificate along with Ext.A2, and a letter issued by opposite party to the complainant. It shows that the complainant had given Rs.5750/- to the opposite party at the time of availing connection. The complainant contended that the supply of gas became irregular and the opposite party demanded exorbitant amount for refilled gas cylinder. N o contra evidence was produced by opposite party or they have not turned up before the Forum to disprove this contention. So we are of the opinion that there is deficiency on the part of opposite party for which they are liable to refund the deposited amount of Rs.5750/- to the complainant. It is true that the complainant had used the gas for some years and hence we are not awarding any cost or compensation. In the result, complaint is allowed directing the opposite party 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 party under the provisions of consumer protection Act. Complainant is directed to surrender the two cylinders and regulator to the opposite party in the event of such payment. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Connection certificate issued by OP A2.Copy of the letter dt.17.10.07 issued by OP A3.Copyof the letter sent to OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
