D.O.F. 11.04.2011

D.O.O.28.06.2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                  :                President

                   Smt. K.P.Preethakumari   :               Member

                   Smt. M.D.Jessy                 :               Member

Dated this the 28^th day of June,  2011.

C.C.No.124/2011

Rajani M.V.,

D/o. Kunhambu C.,                                             :         Complainant

‘Ambili Bhavan’, Chekyattu,

Kayaralam P.O.,

Kannur  - 670602    

1.  The Secretary,

     Mayyil Service Co-operative Bank Ltd.

     No.C.343,

     Mayyil P.O., Kannur

2.  The Kerala State Co-operative                         :         Opposite parties

     Consumer Federation Ltd.,

     Gandhinagar, Ernakulam,

     Kochi – 682 020

O R D E R

Sri. K. Gopalan, President.

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite parties to pay an amount of          ` 4,750 with interest and cost.    

          The case of the complainant in brief is as follows :  The complainant availed cooking gas connection from opposite parties on 01.06.2000.  At the time of availing gas connection opposite party assured that the price of the gas shall be same as that of public sector.  It is also assured that they will distribute gas regularly.  Complainant sent the Demand Draft for ` 4750 to 2<sup>nd</sup> opposite party on 22.06.2000.  The distribution of gas started only after several months.  There was no much problem in the first year.  But subsequently the price of the gas increased many times.  When it was complained 1<sup>st</sup> opposite party told him that it was increased because the subsidy to 2<sup>nd</sup> opposite party stopped by the Government.  Complainant approached 1<sup>st</sup> opposite party and asked them to refund the connection fee since it has become difficult for him to continue the connection.  In the absence of regular supply of gas the complainant surrendered two gas cylinders and one regulator to 1<sup>st</sup> opposite party on 06.01.2011 and requested to refund the connection fee.  But opposite party No.1  told him that this 2<sup>nd</sup> opposite party who is to refund the amount so that they will inform the same to 2<sup>nd</sup> opposite party.   On 24.01.2011 complainant sent a legal notice demanding to refund the amount.  In their reply dated 26.02.2011 they have offered      ` 2500 if the complainant agrees to record full and final satisfaction.  Since it was not agreeable the complainant forced to initiate legal action.  Hence this complaint. 

Though notice was sent to opposite parties they remained absent but 2^nd opposite party sent their version admitting the purchase of gas connection.  The opposite party also admitted the price increase and the non-availability of gas.  2^nd opposite party stated that they could not distribute the gas cylinder regularly because the Koldy Petroleum India Limited to whome with they have contract of getting gas cylinder abruptly stopped supplying filled cylinders.  Payment of complainant also admitted by the opposite party.   2^nd opposite party further stated that the increase of price of gas and failure of distribution of filled gas cylinder was an inevitable result of the negative attitude of Koldy Petroleum limited by abruptly stopping the supply of filled cylinders.  Hence there is no fault on the side of 2^nd opposite party for the sufferings of consumers.  They have tried their level best to save the interest of consumers of the time.  Considering the service already availed by 2^nd opposite party the connection fee is not refundable.  Hence prayed to reject the plea of complainant.

          The main point to be discussed herein is whether there is any deficiency on the part of opposite parties in making assure the regular supply of filled gas cylinder.  The availing of gas connection, the price rise and failure of distribution of filled gas cylinder etc are admitted by 2^nd opposite party in their version itself.  The only justification that could be present by 2^nd opposite party was that it was Koldy Petroleum India Limited responsible for the sufferings of the consumers.  Hence it is clear that consumer has suffered because of increase in price of gas and of non-availability of filled gas cylinder.  It is an admitted fact.  Hence we hold that there is deficiency in service on the part of opposite parties.  Since there is deficiency in service on the part of opposite parties, they are liable to refund the amount of connection.  Thus we find that complainant is entitled to get refund of a sum of ` 4,750 which he has paid for the gas connection.  Considering the social work done by 2^nd opposite party we are not awarding compensation and cost.  Hence order passed accordingly.

          In the result complaint is allowed partly directing the opposite party to refund an amount of ` 4750 to complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.

                               Sd/                       Sd/-            Sd/-

President              Member      Member

APPENDIX

Exhibits for the Complainant

A1. Receipt of remittance of cash.

A2. Certificate dated 06.01.2011.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT