DOF.8.4.2010 DOO.13.9.2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 13th day of September 2010 C.C.No.102/2010 P.Vasantha Kumari, Kizhakumbhagam, P.O.Pinarayi Complainant 1. Manager, Pinarayi Service co.op.Bank, P.O.Pinarayi, Thalassery 2. Managing Director, Kerala State Co.op.Consumer Federation, opposite parties Gandhi Nagar, Kochi. O R D E R Smt.M.D.Jessy, Member This is a complaint filed under section12 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 purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/- that 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 1st 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. 1st opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint, notices were issued to the opposite parties. 2nd opposite party filed version. 2nd opposite party filed their version contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this OP. 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 consumfefed itself appropriated Rs.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 were also supplied by Koldy Petroleum India Ltd. The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties? The evidence consists of chief affidavit of complainant and Exts.A1 to A3 marked. Ext.A1 is the receipt issued by 1st opposite party that the complainant took cooking gas connection from opposite parties by paying Rs.5750/-. Ext.A2 is the connection certificate, which shows the complainant has taken gas connection from opposite parties. Ext.A3 is the surrendering certificate which shows that complaint has surrendered the equipments and disconnected gas connection. Since the gas distribution has not been performed by opposite parties uninterruptedly. It definitely caused deficiency in service on the part of opposite parties. Hence we are of opinion that opposite parties are liable to refund Rs.5750/- to 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 the complainant is allowed 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. & A3Receipt issued by OP A2.Connectin certificate issued by OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
