Kerala

Kannur

CC/87/2007

K.P.Asiya , W/O Late Muhammedh,Kekkaboth House,P.O.Chala East,Kannur - Complainant(s)

Versus

secretary, Koyyod Service Co Op Ltd,P.O.Koyyod - Opp.Party(s)

05 Nov 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/87/2007

K.P.Asiya , W/O Late Muhammedh,Kekkaboth House,P.O.Chala East,Kannur
...........Appellant(s)

Vs.

secretary, Koyyod Service Co Op Ltd,P.O.Koyyod
Managing Director, Kerala State Consumer Federation Ltd,Gandhi Nagar,Kochi
...........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.JESSY.M.D: MEMBER This is a complaint filed under Section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund Rs 5750/- with interest and cost. The case of the complainant in brief is as follows: The opposite parties jointly provided gas connection for domestic purposes. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the Ist opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs 5750/- which will be refunded in the event of termination of the gas connection. Complainant paid Rs 5750/-and availed gas connection . But later on the supply of gas happened to be irregular as against the assurance of the first opposite party. Moreover the supplied refilled gas cylinders were of substandard in quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. Ist opposite party was not ready to refund the amount and hence this complaint. On receiving the complaint, notices were issued to the opposite parties and 2nd opposite party filed version contending that opposite party is established under Co-operative Societies Act, hence the dispute stated in the complaint would not fall under the jurisdiction.At the time of giving cooking gas connection Consumerfed had received Rs 5750-from all consumers including the complainant in this O.P.. Out of this amount, Rs 5500/- was given to Koldy Petroleum India Ltd and Rs 100/-to Primary Societies through which connection was availed and Consumerfed itself appropriated RS 150/-. 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 chief affidavit of complainant and Exts. A1 to A3. ISSUE Nos. 1 to 3: The complainant has stated in the complaint that she has availed gas connection from first opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the connection certificate . Ext.A2 is the coupon supplied by Kerala State Consumer Federation and Ext.A3 is the surrendering certificate which shows that the complainant had surrendered two cylinders and one regulator to first opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant. 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 complainant is allowed to execute the order against the opposite parties under the provisions of Consumer Protection Act. Sd/-MEMBR Sd/-MEMBER Sd/- PRESIDENT APPENDIX Exhibits for the complainant A1Connection certificate issued by opposite party. A2. Application for coupons A3. Certificate dt. 23.4.2007 issued by the first opposite party Exhibits for the opposite party – NIL Witness examined for the complainant-NIL Witness examined for the opposite party – NIL Forwarded/ by order SENIOR SUPERINTENDENT




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