IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 16TH DAY OF JULY 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.01/2017
Syamala Amma : Complainant
Muttathvadakkathil
Thekkumbhagam
Chavara South P.O
Kollam – 691584
[By Adv.T.S.Anuraj, Kollam]
V/S
1. Managing Director : Opposite parties
Kerala State Co-operative
Consumers Federation Limited
Post Box.No.2068, Gandhi Nagar
Kochi- 682 020
2. Secretary
Thekkumbhagam Service Co- operative
Bank Limited No.1731, Chavara South P.O
Kollam – 691584
ORDER
SRI. M. PRAVEEN KUMAR, MEMBER
The case is based on a complaint under Section 12 of the Consumer Protection Act 1986 filed by Syamala Amma seeking to issue direction to the opposite parties to refund the advance amount deposited by her to obtain gas connection along with interest and costs of the proceedings.
(2)
The averments in the complaint in short are as follows:-
The complainant is a consumer of the opposite parties having consumer No.10744.The complainant attracted by the offer made by the opposite parties that instant LPG connection will be provided on deposit of Rs.5750/- .By believing the above offer the complainant deposited Rs.5750/- at the office at the 1st opposite party through the 2nd opposite party and the opposite parties issued one LPG connection to the complainant . The Supply of the LPG refill was not at all satisfactory. There is inordinate delay in providing gas refilling due to the deficiency in service, complainant is not interested in continuing as a consumer of the opposite parties. As per the request of the complainant the opposite parties cancelled the gas connection of the complainant but not refunded the amount deposited so far. Hence the complaint.
Though opposite parties received notice from the Forum they have neither appeared nor filed any written version.
Points for consideration :-
- Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties?
- Whether the complainant is entitled to get the amount claimed in the complaint with interest as prayed for in the complaint?
(3)
- Reliefs and costs?
The complainant filed proof affidavit by reiterating the averments in the complaint and documents. As the opposite parties failed to cross examine the complainant who filed proof affidavit and documents they were set exparte.
Heard the counsel for the complainant.
Points No.1 and 2:- The specific case of the complainant is that by believing the publicity made by the opposite parties that gas connection would be given immediately on getting application the complainant applied and obtained a gas connection from the 1st opposite party through the 2nd opposite party by depositing Rs.5750 as insisted by the 1st opposite party. Ext.P1 and Ext.P2 documents would establish the above case.
In view of the unchallenged averments in para 4 of the proof affidavit coupled with Ext.P2 and P3 documents it is clear that the 1st opposite party has failed to supply gas cylinder as per booking and also charged excess price for the gas supplied . It is clear from the available materials that the inordinate delay in the supply of gas cylinder and charging amounts to unfair trade practice ,excess price and the same has persuaded the complainant to cancel the gas connection obtained from the 1st opposite party. As there is unfair trade practice on the part of the 1st opposite party the cancelation of gas connection by the complainant is
(4)
justifiable. It is also clear from the available materials that though the complainant has cancelled the gas connection and demanded the advance amount paid by her the opposite party No.1 has not paid the same. Hence there is deficiency in service and unfair trade practice on the side of the 1st opposite party and the complainant is entitled to get the relief sought for in the complaint.
Point No.3:-
In the result the complaint stands allowed, directing the opposite parties No.1 and 2 return the advance amount of Rs.5750/- with interest @12% per annum from the date of filing the complaint (29/12/2016), Rs.2500/- as compensation and Rs.2500/- as costs of the proceedings within 45 days from today jointly and severally, failing which the complainant is entitled to realize an amount of Rs.8250/- with interest @ 12 % per annum along with costs of the proceedings from the date of filing the complaint till realization from opposite parties 1 and 2 jointly and severally and from their assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 16th day of July 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR: Sd/-
Forwarded/by Order
Senior Superintendent
(5)
INDEX
Documents marked for the complainant
Ext.P1:- Certificate from Thekkumbhagam Service Co-operative Bank dated
04/10/2016.
Ext.P2:- Letter from Kerala State Co-operative Consumer Federation Ltd dated
29/09/2016
Ext.P3:- Order copy in CC.No.113/2016 from CDRF, Kollam dated 29/06/2016.
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar: Sd/-
Forwarded/by Order Senior Superintendent
