Kerala

Kannur

CC/133/2007

P.V.Karunan, S/O.Kunhiraman Nair,Rtd Teacher,Vijaya Nivas,Pullyod,Ummenchira.P.O,Thlassery,Kannur - Complainant(s)

Versus

Secretary,Kadirur Service Co Op Bank Ltd , Kadirur.P.O.,Kadirur - Opp.Party(s)

P.V.Sanal Kumar

04 Nov 2008

ORDER


In The Consumer Disputes Redressal Forum
Kannur
consumer case(CC) No. CC/133/2007

P.V.Karunan, S/O.Kunhiraman Nair,Rtd Teacher,Vijaya Nivas,Pullyod,Ummenchira.P.O,Thlassery,Kannur
...........Appellant(s)

Vs.

Secretary,Kadirur Service Co Op Bank Ltd , Kadirur.P.O.,Kadirur
2.M D,Kerala State Co Op Consumer Federation Gandhi Nagar,Kochi 682020
3.Manager Koldy Petroleum India,Moongilamada,Vannamada,Kozhinjampara, Palakkad
...........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

4.11.2008 K.P.Preethakumari, Member This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with interest and cost. The complainant’s case is that he had availed gas connection from the 1st opposite party having Consumer No.26956 on 11.8/2000 and 2nd and 3rd opposite parties were supplying the gas as a joint venture. He had availed gas connection b y giving an amount of Rs.5750/- with a stipulation that the deposited amount will be refunded at the time of surrendering the gas connection. But the supply of gas became irregular and that supplied were of substandard both in quality and quantity. More over the price of the gas also were increased inordinately. Because of these the complainant had surrendered the gas connection and demanded for refund. But the opposite parties are not ready to do so. Hence this complaint. After receiving notice from the Forum 1st opposite party appeared and filed their version admitting that the complainant had availed gas connection by giving an amount of Rs.5750/- and that amount was handed over to the 2nd opposite party and the complaint against them is liable to be dismissed. On the above pleadings the following issues are raised for consideration. 1.Whether there is any deficiency of service on the part of opposite parties< 2.Wjhether the complainant is entitled to get refund? 3.Relief and cost. The evidence in the above case consists of Exts.A1 to A3. Issues 1 to 3 The admission of 1st opposite party along with the Exts.A1 and A2 proves that the complainant had availed gas connection by giving an amount of Rs.5750/-. Ext.A3 is the surrendering certificate. The complainant stated that some delay was caused in supplying refilled gas cylinder and hence we are of the opinion that the opposite parties are jointly and severally liable to refund the amount and the complainant is entitled for the same. In the result, complaint is allowed in part 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 at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 & A2Cash bill dt.18.9.99 and 20.6.2000 issued by OP1 A3.Certificate dt.15.9.2008issued by OP1 Exhibits for the opposite parties Nil Witness examined for either side Nil /forwarded by order/ Senior Superintendent Con summer Disputes Redressal Forum, Kannur Despatched On Through post/hand




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