IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 20th day of October 2009 C.C.No.37/2009 C.Rajeevan, ‘Ragasree’ P.O.Palayad, Complainant Thalassery 1. Secretary, Dharmadam Service co.op.Bank, Palayad 2. Managing Director, Kerala State Co.op.Consumer Federation, opposite parties Gandhi Nagar, Kochi. 3. Koldy Petroleum India Ltd., Moongilmada, Vannamada,kozhinhsmara, palakkad. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- and Rs.5000/- as compensation and cost The case of the complainant is that he had availed a gas connection on 28.9.98 from 2nd opposite party through 1st opposite party by giving an amount of Rs.5750/- as deposit. 3rd opposite party is supplying gas to 2nd opposite party. At the time of availing of connection the opposite parties represented that they will provide gas connection without any failure. So the opposite parties had issued a connection certificate and two gas cylinders and a regulator to the complainant. They further represented that they will refund the deposited amount of Rs.5750/- to the complaint at the time of surrendering the connection. But inspite of the assurance the opposite parties used to provide the refilled gas cylinder after four or five weeks which caused so much of hardship to the complaint, because the complainant is solely depending upon the cooking gas for his cooking. Even though the complainant had requested the opposite parties to supply refilled gas cylinder in time they are not ready to supply. So the complainant had surrendered the gas connection during June 2007 and requested for refund. But they are not ready to do so. Hence this complaint. On receiving, notice from the forum opposite parties 2 and 3 filed versions. Later on all opposite parties remains absent and hence all of them are called absent and set exparte. 2nd opposite party filed version admitting that complainant had availed gas connection by giving Rs.5750/- through 1st opposite party. But contended that it is a connection fee and hence they are not liable to refund the amount since the consumer fed is not a public sector company dealing with petroleum products, it had to depend as private companies and hence it entered into contract with 3rd opposite party for supplying filled cooking gas. The privilege of subsidy was denied for the gas through consumer fed and hence the Koldy Petroleum is backed out from the contract and hence the 2nd opposite party was not able to supply gas in time and hence 3rd opposite party is liable for any compensation if seems to be payable. 3rd opposite party also filed version stating that they have no liability to supply the gas to the complainant since 2nd opposite party is entrusted with the supply of LPG connection and has no contract with the complainant and hence the complaint is liable to be dismissed. Upon 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 chief affidavit filed in lieu of chief examination and Exts.A1.to A3. Issue Nos. 1 to 3 The exhibits A1 to A3 proves that the complainant had availed gas connection from 2nd opposite party by giving Rs.5750/- through 3rd opposite party. The complainant contended that at the time of availing connection opposite party ensured him that the above said amount will be refunded at the time of termination of gas connection and he contended that he had terminated connection on June 2007. But the opposite party has not entered before the Forum in order to prove his case. So in the absence of contra evidence, we are of the opinion that opposite parties are liable for deficiency of service for which they are liable to refund Rs.5750/- to the complainant and passed order accordingly. It is true that the complainant had used the gas for some years. So we are not awarding any cost and compensation. 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. Connection certificate and Receipt 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
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
