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 19^th  day of  November   2009

CC.No.232/2009

P.K.Safiya,

Nizhaj Manzil,

Mottammal,

P.O.Poduvacherry.                                                       Complainant

1. Secretary,

   Koyyod Service co.op.Bank,

    P.O.Koyyod

 2. Managing Director,

    Kerala State Co.op.Consumer Federation,               Opposite parties

    Gandhi Nagar, Kochi.

3. Manager,

    Koldy Petroleum India Ltd.,

    Moongilamada,Vannamada,

    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/- with interest and cost

            The complainant’s case is that the complainant has availed LPG connection from the Neethi Store of 1^st opposite party and the gas was supplied by opposite parties 2 and 3 jointly. At the time of availing gas connection the 1^st opposite party has received Rs.5750/- from the complainant with a stipulation that the deposit amount will be refunded at the time of surrendering gas connection. But the supply of refilled gas cylinder became irregular and that supplied was of substandard both in quality and quantity. So the complainant has complained to 1^st opposite party about the substandard quality and quantity and irregular supply. But 1^st opposite party replied that it was due to the deficient service of opposite parties 2 and 3. So the complainant has surrendered the gas cylinder on 11.5.09 and demanded for deposited amount. But the opposite parties are not ready to refund the amount. Hence this complaint.

            Even though all the opposite parties were received the notice issued by the Forum, all opposite parties remains absent and hence all of them were called absent and exparte. The 3^rd opposite party has issued a version stating that they have no liability to refund the amount since the agreement is between 3^rd opposite party and 2^nd opposite party and not with the complainant. They further stated that only 2^nd opposite party is liable to refund the amount since it was collected by  2^nd  opposite party and hence the complaint is liable to be dismissed.

            On 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 Exts.A1.and A2.

Issue Nos. 1 to 3

            Ext.A1 is a certificate issued from 1^st opposite party to prove that they have received Rs.5750/- from the complainant on 8.7.99. A2 is also a receipt issued by 1^st opposite party to show that the complainant has surrendered the gas connection. So Ext.A1 and A2 along with the pleadings proves the case of complainant that he has availed gas connection from opposite parties by giving an amount of Rs.5750/-. The complainant contended that he has surrendered the gas connection due to non-delivery of refilled gas cylinder in time and due to the sub-standard quality and quantity of the gas already supplied. No contra evidence before us. So we are of the opinion that there is deficiency on the part of the opposite parties for which they are liable to refund Rs.5750/- to the complainant and the complainant is entitled to receive the same. So order passed accordingly.

                                    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.Certificate and Receipts 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