DOF.28.10.10

DOO.11.1.11

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 11^th   day of January   2011

C.C.No.252 /2010

Aleema.C.,

Maharoof Manzil,

Chembilod,

Mowencheri.                                                              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.

          O R D E R

Smt.M.D.Jessy, Member

          This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund `5750 together with interest.

As per the averments in the complaint the complainant has taken cooking gas connection from opposite parties through 1^st opposite party, Koyyod Service cooperative Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid `5750 at the time  of taking the connection and he was then assured by 1^st opposite party that the amount would be refunded when the equipments are returned. Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments but opposite party did not take care to refund the amount. Hence this complaint.

          After receiving the complaint Forum sent notices to both sides. 2^nd  opposite party filed their version contending that  at the time of giving cooking gas connection consumer fed had received.`5750 from all the consumers including the complainant in this OP. Out of this amount `5500 was given to Koldy Petroleum India Ltd. And `100 to primary societies through which connection was availed and consumerfed itself appropriated `150. As per the agreement   with the Koldy Petroleum India Ltd they supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd. They further admit that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 2^nd opposite party. So 2^nd opposite party is not liable.

          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 oral testimony of the complainant and Ext.A1 marked.

 Issue Nos. 1 to 3

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of `5750/-. Ext.A1 is the receipt dt.19.10.2010, which shows that the complainant has paid `5750 to 1^st opposite party on 18.9.98. Ext.A1 also shows that complainant has surrendered two cylinders and one regulator to 1^st  opposite party. As per the averments in the complaint, complainant has taken cooking gas connection from opposite parties through1st opposite party, Koyyode Service co. operative Bank. The distribution of gas connection is joint effort of all opposite parties. Complainant paid  `5750 at the time of taking the connection and he was then assured by 1<sup>st</sup>  opposite party that the amount would  be refunded when the equipments are returned. Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnecting the gas connection even after surrendering the equipment opposite party did not take care to refund the amount. So there is deficiency of service on the part of opposite party.  Hence we are of opinion that all opposite parties are jointly and severally liable to refund `5750 to complainant.

                   In the result, complaint is allowed directing the opposite parties to refund `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/-    President            Sd/- Member       Sd/-Member

                                             APPENDIX

Exhibits for the complainant

A1.Receipts issued by OP                          

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for either side: Nil

 /forwarded by order/

                                                                             Senior Superintendent                                               

Consumer Disputes Redressal Forum,Kannur.