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   17^th  day of  February,  2010

C.C.No.336/2009

Choran Krishnan,

Chandroth House,

P.O.Pothuvacheri– 670 621.                :                                               Complainant

1. The Secretary,

Mavilayi Service Co-operative Bank,

P.O.Mavilayi, Kannur Dist.

                                    :                    Opposite Parties             

2. The Managing Director,

Kerala State Co-operative Cosnumer Federation Ltd.,

Gandhi Nagar, Kochi.

3. The Manager,

Koldy Petroleum India ,

Moongilla Mada, Vannamada,

Kozhinjampara, Palakkad.

                                                                        O R D E R

         Smt.M.D.Jessy, Member.

This is a complaint filed under Section 12 of Consumer Protection Act for anorder directing the Opposite Parties to refund Rs.5750/- together with the interest.

As per the averments in the complaint, the complainant 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 Rs.5750/- at the time of taking the connection and he was then assured by the 1^st Opposite Party that the amount would be refunded when the equipments are returned.  Since the gas distribution became irregular along with the high increase of price of gas, the complainant constrained to surrender the equipments disconnecting the gas connection.  Even after surrendering the equipments Opposite Party did not take care to refund the amount.  Hence this complaint.

After receiving the complaint Forum sent notices to both sides.  But Opposite Parties did not take interest to appear before the Forum nor filed the version.

The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties?

The evidence consists of oral testimony of the Complainant and Exts.A1 and A2 marked.  The document Ext.A1 is the surrendering certificate, complainant has surrendered the equipments and disconnected gas connection since the gas distribution has not been performed by Opposite Parties uninterruptedly.  Incapability of uninterrupted distribution of gas cylinder is a deficiency in service on the part of Opposite Parties.  Ext.A2 is the receipt issued by 1^st Opposite Party  shows that the Complainant took cooking gas connection from Opposite Parties by paying Rs.5750/-.  Hence we are of opinion that Opposite Parties are liable to refund Rs.5750/- for Complainant.

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 or 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.Certificae issued by OP

A2.Receipts issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for the opposite parties: Nil

                                                            /forwarded by order/

Senior Superintendent

Consumer Disputes Redressal Forum, Kannur