Kerala

Kannur

CC/176/2006

V. Jayachandran,Naveen Sadanam, Kadirur - Complainant(s)

Versus

Secretary Kadirur Service Co-Op Bank Ltd , Kadirur. - Opp.Party(s)

03 Oct 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/176/2006

V. Jayachandran,Naveen Sadanam, Kadirur
...........Appellant(s)

Vs.

2.MD,Kerala State Co-op Consumer Federation Lrtd Gandhi Nagar,Cochin
Secretary Kadirur Service Co-Op Bank Ltd , Kadirur.
...........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

Smt.PREETHAKUMARI. K.P: MEMBER This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite parties to refund the deposit amount of Rs 5750/- with interest. The complainant’s case is that he had availed a gas connection for an amount of Rs 5750/- from first opposite party and the 2nd opposite party is supplying the gas with a stipulation that the amount of Rs 5750/- will be returned back at the time of surrendering the gas connection. Later on the supply of refilled gas cylinder became irregular and the price was increased inordinately. The gas supplied was of substandard in quality and quantity and hence the complainant disconnected the gas connection and demanded for the refund. But the opposite parties were not ready to do so. Hence this complaint. On receiving notice from the Forum 2nd opposite party filed their version admitting that the complainant had availed gas connection from the first opposite party by giving an amount of Rs 5750/- and the delay caused in supplying refilled gas is due to the withdrawal of Koldy Gas from supplying the gas and hence they are not liable to any deficiency and hence the petition is liable to be dismissed. The above said amount was handed over by the opposite parties 1 & 2 and out of that amount Rs 5500/- was handed over to the Koldy Gas, Rs 100/- to the first opposite party and Rs 150/- was appropriated by itself. So they are not liable for any refund. From the above pleadings the following issues are raised for consideration. 1. Whether there is any deficiency on the part of opposite parties? 2. Whether the complainant is entitled to any relief ? 3. Relief and cost. The evidence in the above case consists of the oral testimony of PW1 and Exts. A1 and A2. The 2nd opposite party admitted that the complainant had availed gas connection by giving an amount of Rs 5750/- and some delay was caused in supplying refilled gas cylinder. Hence we are of the opinion that there caused some deficiency on the part of opposite parties and all the opposite parties are jointly and severally liable and hence the complainant is entitled to get the amount of Rs 5750/-. The issues are answered accordingly. In the result, the complaint is allowed in part 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 at liberty to execute the order under the provisions of Consumer Protection Act. Sd/-MEMBER Sd/- MEMBER Sd/-PRESIDENT APPENDIX Exhibits for the complainant A1m Certificate dt. 4.9.98 issued by the first opposite party A2. Letter dt. 26.8..2006 sent by the first opposite party Exhibits for the opposite party – NIL Witness examined for the complainant PW1. Complainant Witness examined for the opposite party – NIL Forwarded/ by order SENIOR SUPERINTENDENT




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