DOF.02/03/2012

DOO.25/05/2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                        Dated this, the  25^th   day of  May  2012

C.C.No.60/2012

Prasanthan K.V.

K.V.K.House,

P.O.Mundalur,

Kannur 670 622.                                                      Complainant

1. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

2. Secretary,

    Mavilayi  Service co.op.Bank,

    P.O.Mavilayi.

3. Koldy Petroleum India Ltd.

   Moongilamada,

   Vannamada, Kozhinhampara, Palakkad.

          O R D E R

Smt.M.D.Jessy, Member

          This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund `5750/- with interest and cost

The case of the complainant in brief is as follows: The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 2^nd opposite party he assured that 1^st  opposite party will provide gas connection on deposit of `5750/- that will be refunded in the event of termination of the gas connection. Complainant paid  `5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1^st opposite party. More over the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 2^nd opposite party was not ready to refund the amount and hence this complaint.

          On receiving the complaint, notices were issued to the opposite parties. Opposite parties 1 and 3 appeared and filed their version. 1^st  opposite party submitted through their version that at the time of giving cooking gas connection consumer fed had received `5750/- from all the consumers including the complainant in this OP. Out of this amount `5500/- was given to Koldy Petroleum India Ltd. and `100/- to primary societies through which connection was availed and consumerfed itself appropriated `150/-. As per the agreement   with the Koldy Petroleum India Ltd. they supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. They further   admits that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 1^st   opposite party but due to withdrawal of  3^rd opposite party from supplying gas and hence if any liability is found only 3^rd opposite party is liable.

          3^rd opposite party sent their version contending that as per agreement between the 3^rd opposite party  and Kerala State  Consumer Federation Ltd. Kochin who is entrusted with the supply of LPG  connection through Neethi stores or  any retail sales outlets of the Kerala State consumer federation L:td.,3^rd opposite party has performed their part without any default.

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

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

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

3. Relief and cost.

          The evidence consists of oral testimony of the complainant as PW1 and Exts.A1and A2 marked.

 Issue Nos. 1 to 3

          The complainant has stated in the complaint that he has availed gas connection from 2^nd opposite party by paying an amount of  `5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt dated 21.3.12 which shows that the complainant has paid `5750/- for taking gas connection from 2^nd opposite party. Ext.A2 is the surrendering certificate dt. 24.1.12 issued by opposite party which shows that complainant had surrendered two cylinders and regulator to 2^nd opposite party.  Unchallenged evidence adduced by complainant by way of oral testimony and the admission of 1^st  opposite party proves that the supply of cooking gas to complainant was irregular due to the deficiency in service on the part of opposite parties. Hence all the opposite parties are jointly and severally liable to refund `5750/- to the complainant. Thus issues 1 to 3 are found in favour of the complainant.

                   In the result, complaint is allowed directing the opposite parties to refund `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/-                                  Sd/-          Sd/-                                              President                         Member       Member

                                             APPENDIX

Exhibits for the complainant

A1& A2.Connection certificate and receipt issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1. Complainant                                                /forwarded by order/

Witness examined for the opposite parties: Nil

                                                                            Senior Superintendent