Kerala

Kannur

CC/184/2012

T.K. Ruikiya - Complainant(s)

Versus

The Koyyode Service Co-operative Bank - Opp.Party(s)

E.R. Vinod

26 Sep 2012

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM,KANNUR
 
CC NO. 184 Of 2012
 
1. T.K. Ruikiya
W/o.Assainar, Kizhakkeyil House, Chala East P.O.670621
Kannur
Kerala
...........Complainant(s)
Versus
1. The Koyyode Service Co-operative Bank
P.O. Koyyode Kannur - 670521
Kannur
Kerala
2. The Managing Director
Kerala State Co-operative Consumer Federation Ltd,Gandhi Nagar,Cochin
Ernakulam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. GOPALAN.K PRESIDENT
 HONORABLE JESSY.M.D Member
 
PRESENT:
 
ORDER

D.O.F. 25.06.2012

                                          D.O.O. 26.09 .2012

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 26th day of September,  2012.

 

C.C.No.184/2012

 

T.K. Rukhiya,

W/o. Assainar,                        

Kabeer Mahal, Chembilode,                       :         Complainant

P.O. Mouanchery,

Kannur – 670 613

(Rep. by Adv. E.R. Vinod)

 

 

1.  Koyyode Service Co-op. Bank Ltd.,

     P.O. Koyyode, Kannur -670621

2.  The Managing Director,                         :         Opposite parties

     Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar                      

     Ernakulam,  Cochin – 682 020

 

 

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 :  Complainant has taken cooking gas from opposite party. The opposite parties  provided gas connection for domestic purposes.  The opposite party offered spot connection and regular supply of gas cylinders without any delay.  But there was no regular supply of cooking gas and committed gross defect in performing the terms of the contract.  The said payment was made through agent of opposite party ie Koyyode Service Co-op. Bank Ltd, P.O. Koyyode.  But the supply of gas happened to be irregular.  So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Koyyode  Service Co-op. Bank.  But the opposite party were not ready to repay the amount.    Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.

          2nd opposite party send their version as follows.  At the time of giving cooking gas connection Consumerfed has received `5750 from all the consumers including the complainant in this OP.  Out of this amount `5500 has given to Coldy Petroleum has given to Coldy Petroleum India Ltd and `100 to Primary Societies through which connection 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 also supplied by Koldy Petroleum India Ltd.

          On the above pleadings the following issues were raised for consideration.

1.        Whether there is any deficiency of 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 affidavit of the complainant and Ext.A1 marked.

Issue No.1 to 3 :

          The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of ` 5750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt dated 08.09.2010 which show that complaint has paid ` 5750 for taking gas connection.   Complainant paid `5750 at the time of taking the connection and he was then assured by 1st 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.  Ext.A1 also shows that complainant has surrendered two cylinders and one regulator to opposite party.  Opposite party did not take care to refund the amount.  Hence the complainant filed the complaint.  Here all opposite parties are jointly and severely liable to refund `5750 to 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 as per the provisions of Consumer Protection Act.

          Dated this the 26th day of September, 2012.

                                      Sd/-                       Sd/-

                                 President                   Member     

 

 

APPENDIX

 

Exhibits for the Complainant

 

A1.  Certificated dated 08.09.2010 issued by 1st OP.

 

Exhibits for the opposite party

 

Nil

 

Witness examined for the complainant

 

Nil

 

Witness examined for opposite party

 

Nil

 

 

                                                                          /forwarded by order/

 

 

 

                                                                     SENIOR SUPERINTENDENT

 

 
 
[HONORABLE MR. GOPALAN.K]
PRESIDENT
 
[HONORABLE JESSY.M.D]
Member

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.