D.O.F. 17.10.2013

                                            D.O.O. 09.12.2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 9^th day of December,  2013.

C.C.No.296/2013

T.K. Kunhikrishnan Nambiar,

Sreedevi Nivas

Kandakkai P.O.                                           :         Complainant

Mayyil

Kannur – 670602

1.  The Managing Director,

     Kerala State Co-operate Consumer

     Federation Ltd.                                     

     Gandhi Nagar,

     Ernakulam -682 020                             :         Opposite Parties

2.  Secretary,

     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 security amount paid by the complainant at the time of taking gas connection and pay Rs.15000 as a compensation.

As per the averments in complaint, the complainant has taken gas connection from the 2^nd opposite party  - Secretary, Mayyil Service Co-operative Bank and other opposite party is the Managing Director, Kerala State Co-operative Consumer Federation Ltd.

The Gas distribution is the joint effort of the above both parties.  Complainant paid Rs.5750 to opposite party at the time of taking gas connection.  After sometime gas distribution became irregular and raised the price of the gas. Because of interruption in supply of gas and price in the rise, the complainant surrendered the equipments before the 2^nd opposite party and 2^nd opposite party issued receipt for that.  But when asked for refund of money, the 2^nd opposite party told the complainant that the amount was entrusted to 1^st opposite party and so opposite parties did not refund the amount and hence this complaint.

After receiving complaint, Forum sent notice to opposite parties No.1 and 2.

Opposite Party No.1, Consumerfed filed version contending that complaint is not mainatainable since it is hit by U/s 69 of Co-operative Societies Act.  The difficulties and hurdles faced by the Consumerfed has been elaborately discussed in version filed by the 1^st opposite party.  It is admitted that at the time of giving gas connection complainant has paid Rs.5780.  But the claim for refund is not allowable.

On the above pleadings the following issues were framed.

1.  Whether there is any deficiency on the part of the opposite party.
2. Whether the complainant 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 supply of gas subsequently become irregular.  It is time that the opposite parties failed to supply gas uninterruptedly.  When gas is not available there is no use in keeping the equipment.  Under such circumstance the complainant happened to surrender the connection which he cannot be blamed.

          The complainant asked the opposite party to refund the amount that that he has paid at the time of availing the gas connection. But the 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 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 parties under the provisions of the Consumer Protection Act.

          Dated this the 9^th day of December, 2013.

                         Sd/-                       Sd/-              Sd/-

                       President               Member          Member   

APPENDIX

Exhibits for the Complainant

A1. Certificate issued by 2^nd OP dated 12.10.2013.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT