D.O.F. 11.10.20102 D.O.O. 14.12.2012 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 14th day of December 2012 C.C.No.321/2012 P.P.Hamsakutty, ‘Mariyumma Manzil’, Iruvappuzha No.8/6, P.O.Pavannur Motta 670 602 : Complainant 1. The Secretary, Mayyil Service Co-operative Bank P.O. Mayyil, Kannur – 670 602 : Opposite parties 2. Kerala State Co-operative Consumer Federation Limited, 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 opposite parties jointly provided gas connection for domestic purposes. The opposite parties offered spot connection and regular supply of gas cylinder without any delay. When complainant approached the 1st opposite party he assured that 2nd 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 the 1st opposite party. Moreover they supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint notices were issued to the opposite parties. 2nd Opposite party sent their version admitting that the complainant had availed gas connection by paying ` 5750 to the 1st opposite party. But the 1st opposite party was handed over the amount to 2nd opposite party. Out of which 2nd opposite party had given ` 5500 to Koldy Petroleum ` 100 to 1st opposite party and 2nd opposite party had appropriated ` 150 itself. They further admit that some delay was caused in supplying refilled gas cylinder, which was caused not because of any default committed by 2nd opposite party. 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 PW1 and Ext.A1 and A2. Issue Nos.1 to 3: The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of ` 5750. The complainant was assured by 1st opposite party that the amount will be refunded when the equipments are returned. Ext.A1 is the receipt dated 03.10.2012 which shows that complainant has paid total ` 5750 to 1st opposite party. Ext.A2 is the surrendering certificate which shows that complainant has returned two cylinders and one regulator to 1st opposite party. As per the averments in the complaints, the complainant has taken cooking gas connection from opposite parties through 1st opposite party, Mayyil Service Co-operative Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid `5750 at the time of taking the connection and he was assured by 1st opposite party that amount would be returned 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 disconnecting 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 parties. Hence we were of opinion that all opposite parties are jointly and severally liable to refund ` 5750 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/- President Member APPENDIX Exhibits for the Complainant A1. Certificate issued by 1st OP A2. Surrender certificate issued by OP Exhibits for the opposite party Nil Witness examined for the complainant PW1. Complainant Witness examined for opposite party Nil /forwarded by order/ Senior Superintendent | 
