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 3rd day of October 2009 C.C.No.82/2009 U.K.Shaji, P.V.House S/o/P.V.Achuthan Nambiar, House No.IX.400, Pallippoiyl, P.O.Mowancherri 670 613. Complainant 1. Secretary, Kappad Service co.op.Bank, P.O.Kappad 2. Managing Director, Opparties Gandhi Nagar, Kochi. 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/- with compensation and cost. As per the averments in the complaint the complainant has taken gas connection from 1st opposite party. The distribution of gas connection is a joint effort of all the opposite parties. Complainant paid Rs.5750/- at the time of taking the connection. Opposite parties are liable to return the amount at the time of surrendering the equipments inconsequence of disconnection. Since the gas distribution happened to be irregular and high increase in price Complainant surrendered the equipments. Opposite parties did not refund the amount even after the surrender of cylinders and regulator against the promise at the time of taking the connection. Hence this complaint. After receiving the complaint, Forum sent notice to both sides. But Opposite parties did not take care to appear before the Forum or to send the version. The main question to be answered is whether there is any deficiency on the part of the opposite parties in distribution of cooking gas and the complainant is entitled for the remedy as prayed in the complaint. The evidence consists of Exts.A1 and A2 marked on the side of the complainant. Ext.A1 shows that complainant has paid Rs.5750/- to 1st opposite party for taking cooking gas connection. Ext.A2 is the certificate issued by 1st opposite party for the surrender of 2 cylinders and one regulator. The case of the complainant is that the opposite parties were not able to distribute the cooking gas uninterruptedly. It is true that when gas is not available there is no meaning in keeping the equipments. If the complainant happened to be surrendered the connection and returned the cylinders and regulator due to the non availability of cooking gas she cannot be blamed. . Anyhow, if the gas is not uninterruptedly supplied that is a deficiency in service. In such case there is no doubt the amount paid by the complainant consumer has to be refunded, in case of surrendering the connection and returning the equipments. The chief affidavit stated that opposite party has not supplied the gas regularly. Ext.A1 shows that the payment is made by the complainant. Ext.A2 proves that the cylinder and regulator has been returned to opposite party. Taking in to account the available circumstances and the facts on record we are of opinion that the complainant is entitled to get the amount Rs.5750/- refunded. 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 and certificate issued by OP dt.18.9.98 and 16.3.09 Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent | 
