D.O.F. 20.08.2013

                                            D.O.O. 20.11.2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 20^th day of November,  2013.

C.C.No.239/2013

M.C. Sreedharan,

Keloth House,

Kandakkai P.O.,

Mayyil,                                                                 :         Complainant

Kannur – 670 602

1.  The Managing Director,

     Kerala State Co-op. Consumer

     Federation Ltd.,

     Gandhi Nagar,

     Ernakulam – 682 020

2.  The Secretary,                                                 :         Opposite Parties

     Mayyil Service Co-operative Bank

     P.O. Mayyil

     Kannur – 670 602

O R D E R

Sri. Babu Sebastian, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite parties to refund Rs. 5750 as deposited and pay an amount of  Rs. 15000 as  compensation.

          As per the averments in the complaints, the complainant has taken gas connection from opposite party No.2, Secretary, Mayyil Service Co-operative Bank and other opposite party is Kerala State Co-op. Consumer Federation Ltd.   The gas distribution is a joint effort of the both opposite parties. On 1998 the complainant taken a domestic gas connection directly from the second opposite party.  The complainant paid Rs.5750 to the second opposite party at the time of taking gas connection with an undertaking that the deposited amount (ie Rs.5750) will refund, if the consumer desire to disconnecting gas connection.  After sometime the gas distribution become irregular, difference in quantity and interruption in supply of gas and rise in the price of the gas.  Due to the above said reason, the complainant surrendered the equipment before opposite parties and they issued receipt for that.  Though complainant asked for refund of the money, for a several time, the opposite parties did not pay any heed to it and so far the opposite party did not refund the amount.  Hence this complaint.

          After receiving complaint, Forum sent notice to both parties.  The opposite party No.1 appeared and filed their version contending that complaint is not maintainable, since it is hit by u/s 69 of Co-op. Societies Act.  The difficulties and hurdles faced by the 1^st opposite party has been elaborately discussed in their version.  It is admitted that at the time of giving gas connection, complainant has paid Rs.5750.  But contented that the claim for refund is not allowable.

          On the above pleading, the following issues were framed.

1.    Whether there is any deficiency on the part of the opposite parties?

2.   Whether the consumer is entitled for the remedy as prayed in the complaint?

3.   Relief and cost.

Evidence consists of oral evidence adduced by the complainant as PW1 and documentary evidence Ext.A1 marked on the side of the complainant.

Issues No.1 to 3 :

          It is admitted that the complainant has paid Rs. 5750 at the time when the LPG connection was taken.  It is seen at first instance gas was regularly supplied.  But the supply of gas subsequently become irregular.  Opposite party failed to supply gas uninterruptedly.  When gas is not available there is no use of keeping the equipments.  Under such cirtumstances if complainant happened to surrender the connection, he cannot be blamed. 

          The complainant asked the opposite party to refund the amount that he had paid at the time of availing the gas connection but opposite party did not make payment.  It is the duty of the opposite party to refund the amount at the time of surrendering the equipments. Ext.A1 shows that the complainant has surrendered the cylinders and regulator to opposite party.   Thus there is clear deficiency in service on the part of opposite parties.  The complainant is entitled to get the amount of Rs.5750 refunded.  So issues No.1 to 3 are answered partly in favour of the complainant.

          In the result, the complaint is partly allowed, directing the opposite parties to refund an amount of 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 complaint is allowed to execute the order against the opposite party under the provisions of the Consumer Protection Act.

          Dated this the 20^th day of November, 2013.

                          Sd/-                     Sd/-               Sd/-           

                       President               Member          Member   

APPENDIX

Exhibits for the Complainant

A1. Certificate issued by 2^nd OP dated 10.08.13.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT