D.O.F. 10.02.2011

                                                                                   D.O.O. 16.05.2011

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 16^th day of May, 2011.

C.C.No.49/2011

Balan K.V,

Sree Vihar,                                                           :         Complainant       

P.O. Pinarayi,

Kannur      

1.  The Secretary,

     Pinarayi Service Co-operative Bank,

     Pinarayi, Kannur.

2.  The Managing Director,

     Kerala State Co-op. Consumer Federation,     :         Opposite Parties

     Gandhinagar, Cochin.

3.  The Managing Director,

     Koldy Petroleums (India) Ltd.,

     Moongilmada, Vannamada,

     Kozhinjappara, Palakkad.                              

O R D E R

Smt. M.D. Jessy, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for getting an order directing the opposite parties to refund ` 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 1^st opposite party he assured that 2^nd opposite party will provide gas connection on deposit of ` 5750 which will be refunded in the of termination of gas connection.   Complainant paid ` 5750 and availed gas connection.   But later on the supply of gas happened to be irregular as against the assurance of the 1^st opposite party.  More over they supplied refilled gas cylinders were of substandard quality and quantity.  Hence the complainant cancelled the gas connection and asked for refund of the amount and hence the complaint. 

          On receiving the complaint Forum sent notices to the opposite parties.  3^rd Opposite party filed their version in the form of objection as follows.  As per agreement between 3^rd opposite party and Kerala State Consumer Federation Ltd., Cochin who is entrusted with the supply of LPG connection through Neethi stores or any retail sales outlets of the Kerala State Consumer Federation.  3^rd opposite party also contended that in the absence of any agreement between the complainant and 3^rd opposite party, 3^rd opposite party has not offered any service to the complainant and in the absence of any such offer, the question of deficiency of service does not arise as far as 3^rd opposite party is concerned.

          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 the complainant and Ext.A1 to A3 marked.

Issues No.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  ` 5,750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A2 is the receipt dated 15.09.2010 issued by 1<sup>st</sup> opposite party proves that the complainant has taken gas connection from opposite parties and paid ` 5,750 on 17.06.1998.  Ext.A1 is the connection certificate which shows that complainant has taken gas connection from opposite parties.  Complainant stated that the opposite parties did not supply gas regularly.  It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users.  When it was complained to 1^st opposite party his explanation was that 2^nd and 3^rd opposite parties are responsible for those troubles.  Ext.A3 is the surrendering certificate dated 15.09.10 which shows that the complainant had surrendered two cylinders and one regulator to 1^st opposite party.  Hence all the opposite parties are jointly and severally liable to refund ` 5750 to the complainant.  Thus issues No.1 to 3 is found in favour of the complainant.

          In the result, the 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 entitled 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.  Connection Certificate.

A2.  Certificate of receipt  of cash dated 15.09.2010 from OP.

A3.  Certificate of receipt of cylinders dated 15.09.2010 from OP.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT