Kerala

Kannur

CC/38/2007

P.V.Nabeesa , Sameera Mansil,Paleri,P.O.Mamba - Complainant(s)

Versus

MD,Anjarakandy Farmers S.C.Bank , Kavinmoola,P.O.Mamba - Opp.Party(s)

M.P.Vinayaraj

15 Sep 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/38/2007

P.V.Nabeesa , Sameera Mansil,Paleri,P.O.Mamba
...........Appellant(s)

Vs.

MD,Anjarakandy Farmers S.C.Bank , Kavinmoola,P.O.Mamba
2.MD,Keralastate co-op.consumer Federation, Gandhi Nagar, Kochi
3.Manager, Koldy PetroleumIndia, Moongi8lamada,Vannamada, Kozhinhampara, Palakkad
...........Respondent(s)


BEFORE:
1. GOPALAN.K 2. JESSY.M.D 3. PREETHAKUMARI.K.P

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

15.9.08 K.P.Preethakumari, Member This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with interest and cost. The complainant’s case is that she had availed gas connection from 1st opposite party by giving an amount of Rs.500/- as advance and Rs.5250/-as deposit with a stipulation that the deposited amount will be refunded at the time of surrendering the gas connection.2nd and 3rd opposite parties were supplying gas as a joint venture. Later on the Supply of gas became irregular and that supplied were of substandard both in quality and quantity. So she had complained to 1st opposite party. But they told that only 2nd and 3rd opposite parties were responsible for this. Because of this the complainant had surrendered the gas connection and demanded for refund. But the opposite parties are not ready to refund the same. Hence this complaint. On receiving the complaint notices were issued to the opposite parties and all opposite parties acknowledged the same. But only 1st opposite party appeared and filed version. 1st opposite party filed version admitting that the complainant had availed gas connection by giving an amount of Rs.5750/- to the opposite party. According to 1st opposite party the delay caused in supplying refilled gas within time due to the act of 2nd and 3rd opposite parties. So they are not liable to refund the amount. On the above pleadings the following issues are raised for consideration. 1. Whether there is any deficiency on the part of the opposite parties? 2. Relief and cost? The evidence in this case consists of documentary evidence as Ext.A1. Issues 1 and 2 The 1st opposite party admits that the complainant had availed gas connection by giving an amount of Rs.5750/-.They further admits that there caused some delay in supplying the refilled gas cylinder. Ext.A1 is the surrender certificate. So we are of the opi9nion that the opposite parties are liable to refund Rs.5750/- to the complainant. In the result, the complaint is allowed in part directing the opposite parties to refund Rs.,5750/- to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty 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.Surrender certificate issued by dt.14.11.06 by OP 1 Exhibits for the Opposite parties Nil Witness examined for either side Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur




......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P