D.O.F. 10.01.2011

                                                                                   D.O.O. 25.03.2011

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 25^th day of March,  2011.

C.C.No.13/2011

P.  Narayanan,

S/o.  Kunhappa,

‘Sree Nilayam’, Iverkulam,                                    :         Complainant

P.O. Mavilayi, Kannur            

1.  The Mavilayi Service Co-operative Bank Ltd.,

     P.O. Mavilayi, Kannur                                     

2.  The Kerala State Co-operative Consumer

     Federation Limited,                                         :         Opposite parties

     Gandhi Nagar, Ernakulam.                             

     Cochin – 682 020

O R D E R

Smt. M.D. Jessy, Member

          This is a complaint filed under Section 12 of 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 2^nd opposite party jointly with Mavilayi Co-operative Bank provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders.  But there was no due supply of cooking gas and committed gross defect in performing the part of the contract.  When complainant approached 1^st opposite party he assured that 2^nd opposite party will provide gas connection on deposit of ` 5750 which 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.  Moreover the supplied refilled gas cylinders were of substandard quality and quantity.  Hence complainant cancelled the gas connection and asked for refund of the amount and hence this complaint.

          On receiving the complaint, Forum sent notices to opposite parties. 2^nd opposite party appeared and filed their version contending that at the time of giving cooking gas connection Consumerfed had received ` 5,750 from all the consumers including the complainant by this opposite party.  Out of this amount ` 5,500 was given to Koldy Petroleum India Ltd and ` 100 to Primary Societies through which connection was availed and Consumerfed itself appropriated Rs.150.  As per the agreement with the Koldy Petroleum India Ltd they supplied two cylinders and one regulator to each consumers.  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.

          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 and Ext.A1 and Ext.A2 marked.

Issues No.1 to 3 :

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of  ` 5750.  Ext.A1 is the receipt which shows that complainant has paid total ` 5750 to 1^st opposite party on 17.09.1998.  As per the averments in the complaint, the complaint has taken cooking gas connection from opposite parties through 1^st opposite party, Mavilayi Service Co-operative Bank.  The distribution of gas connection is a joint effort of all opposite parties.  Complainant paid ` 5,750 at the time of taking connection and he was assured by 1^st opposite party and that amount would be refunded when the equipments are returned.  Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnect the gas connection. Even after surrendering the equipments opposite party did not take care to refund the amount.  So there is deficiency of service on the part of opposite party. Ext.A2 is the surrendering certificate dated 08.01.2011 which shows the complainant has surrendered two cylinders and one regulator to 1^st opposite party on 08.01.2011.  Hence we are of opinion that all opposite parties are jointly and severally liable to refund 5750 to the complainant.

          In the result, the complaint is allowed directing the opposite parties to pay an amount of ` 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 entitled to execute the order as per the provisions of Consumer Protection Act.

                           Sd/-                    Sd/-                       Sd/-

President              Member                Member

APPENDIX

Exhibits for the Complainant

A1.   Receipt from 1^st OP dated 17.09.1998.

A2.   Certificate from 1^st OP dated 08.01.2011.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT