DOF.8.4.2010

DOO.14.9.2010

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 14^th   day of September    2010

C.C.No.104/2010

T.Lathika,

Thayvalappil House,

Venduttayi,

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 1^st opposite party he assured that 2^nd 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 1^st opposite party. More over the supplied refilled gas cylinders were of substandard quality with less quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1^st opposite party was not ready to refund the amount and hence the complaint.

            After receiving the complaint, notices were issued to the opposite parties. 2^nd opposite party appeared and filed version. 2^nd opposite party admitted that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from the complainant. 2^nd opposite party further stated that it has suffered heavy loss by venturing in the cooking gas segment and at that time these was undue delay in getting gas connection. But it was done with the sole motive of helping the public of kerala. 2^nd opposite party contended that infact the amount of Rs.5750/- was only connection fee and not security deposit. Therefore the claims for refund of the same in the pretext of security deposit are baseless. Hence the complainant is not entitled to refund.

The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties and the complainant is entitled for the refund of the amount. Since the opposite party had admitted that there is interruption in gas connection together with the evidence adduced by the complainant by way of chief affidavit and documents the deficiency on the side of the opposite party is undoubtedly clear.  2^nd opposite party has admitted hat they have received Rs.5750/- at the time of giving connection. Ext.A1 is the receipt issued by 1st opposite party. Thus the payment of Rs.5750/- by the complainant is true. 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 two cylinders one regulator to 1^st opposite party.

In the light of the available evidence on records we are of opinion that there is deficiency in service on the part of opposite parties. Thus opposite parties are liable to refund the amount of Rs.5750/- to complainant. Considering the peculiar situation we are not awarding compensation and cost.

            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. & A3. Receipt issued by OP

A2.Connection 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