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  of   February 2010

CC.306/2009

M.Leela,

Sreevalsam,

Kunnummal Road,

Pinarayi,

Thalassery.                                                       Complainant

1 .Pinarayi SC Bank,

   Pinarayi,

   Thalassery.

2. Managing Director,

    Kerala State Co.op.Consumer Federation,                   opposite parties

    Gandhi Nagar, Kochi.

3. Manager,

   Koldy Petrtoleum India,

   Moongilmada, Vannamada,

   Kozhinhampara, Palakkad.

          O R D E R

Sri.K.Gopalan, President

            This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- with12% interest.

The case of the complainant in brief are as follows: The complaint availed gas connection from opposite parties through 1^st opposite party bank. Cooking gas distribution is a joint effort of opposite parties but distribution to consumer has been done by 1t opposite party. Complainant paid Rs.5750/- at the time of taking the connection. Complainant was given two cylinders and one regulator. The connection certificate also issued to complainant on the same day. Two three months there was smooth regular distribution of cooking gas. But there after 1^st opposite party could not distribute uninterruptedly. It took two three weeks to get a gas cylinder after booking. Some times it took more than one month for the delivery. Complainant and his family fully depend upon cooking gas for preparation of food. Majority of the members of the family wanted to go for employment early morning. Because of the interrupted distribution of gas the entire family has been suffering much trouble. Complaint approached opposite party 1 and asked to take back the cylinder and to refund the amount since opposite parties failed to deliver the cooking gas without interruption. Complainant surrendered both cylinders and regulator but 1^st opposite party did not pay the amount. It is only due to the deficiency in service on the part of opposite party this complainant constrained to surrender the connection and demanded for the refund of the amount of Rs.5750/-. The opposite parties are liable to refund the amount with interest at the rate of 12%.

            Pursuant to the notice opposite parties did not entered appearance and filed version except 2^nd opposite party sent only version.

            2^nd opposite party though formally denied the averments and allegations of the complainant main points are admitted. 2^nd opposite party admitted that consumer fed had received Rs.5750/- from the complainant. 2^nd opposite party further stated that it has suffered heavy loss by venturing in the cooking gas segment and at that time there was undue delay in getting gas connecting. But it was done with the sole motive of helping the public of Kerla. 2^nd opposite party contended that in fact the amount Rs.5, 750/- was only connection fee and not security deposit. Therefore, the claims for refund of the same in the pretext of security deposit are baseless. Hence the complainant is not entitled for refund. It is 3^rd opposite party who is really responsible for the existing situation by withdrawing from the supply and therefore 3^rd opposite party has to be penalized.

            The main point to decide is whether there is any deficiency in service on the part of opposite parties and the complainant is entitled for the refund of the amount. Since the opposite party had admitted that there is interruption in gas connection together with the evidence adduced by the complainant by way of chief affidavit and documents the deficiency on the side of the opposite party is undoubtedly clear. 2^nd opposite party has admitted that they have received Rs.5750/- at the time of giving connection. Ext.A1 is the receipt issued by 1^st opposite party. Thus the payment of Rs.5750/- by the complainant is true. Ext.A2 is the connection certificate.

            In the light of the available evidence on record we are of opinion that there is deficiency in service on the part of opposite parties. Thus opposite parties are liable to refund the amount of Rs.5750/- to complainant. Considering the peculiar situation we are not awarding compensation and cost.

            In the result, complaint is allowed directing the opposite parties to refund Rs.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.Receipt dt. issued by OP

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                        /forwarded by order/

                                                                        Senior superintendent

Consumer Disputes Redressal Forum, Kannur