D.O.F. 09.03.2011
D.O.O. 28.06.2011
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 28th day of June, 2011.
C.C.No.89/2011
Ismayil K.T.,
S/o. Assainar Haji., : Complainant
‘K.T. House’, Paleri, Palayam,
Mamba P.O.,
Kannur
1. The Managing Director,
Anjarakkandi Farmers Service Co-operative Bank,
Mamba P.O., Kannur
(Rep. by Adv. M.K. Sureshkumar)
2. The Managing Director,
Kerala State Co-operative : Opposite parties
Consumer Federation Ltd.,
Gandhinagar, Ernakulam,
Kochi – 682 020.
3. The Manager,
Koldy Petroleum India Ltd.,
Moongilamada, Vannamada,
Kozhinjampara, Palakkad.
O R D E R
Sri. K. Gopalan, President.
This is a complaint filed under Section 12 of Consumer Protection
Act for an order directing the opposite parties to refund an amount of ` 5,750 paid by the complainant together with interest and cost.
The case of the complainant in brief is as follows : The complainant availed cooking gas connection from opposite parties. It is understood that the cooking gas has been distributed as a joint venture of opposite parties 1, 2 and 3. For availing gas connection complainant paid ` 5,750. 1st opposite party promised to return the amount at the time of effecting disconnection. For a short period of taking connection the cooking gas connection there was no problem for availability of gas. But gradually filled gas cylinders were not distributed properly as and when necessary. Moreover, the quality and quantity of the gas has also been decreased. When complainant made representation before 1st opposite party they answered that it is 2nd and 3rd opposite parties responsible for creating this problem. Since the non availability of cooking gas continued to be existed complainant forced to return the equipments and to ask for refunding the amount which he had paid. Since 1st opposite party has not positively responded and only asked to approach 2nd and 3rd opposite parties. So the complainant constrained to initiate legal action. Hence this complaint.
Forum sent notices to all the opposite parties. 1st opposite party made appearance and filed version. 2nd and 3rd opposite parties remained absent. Though 2nd opposite party remained absent they have sent their version.
1st opposite party filed version admitting that complainant has availed cooking gas connection by paying an amount of ` 500 as registration charge and an amount of ` 5250 as security. 1st opposite party further stated that the amount which he has received from the complainant has been sent to 2nd opposite party. Though the functioning in the beginning stage was quite satisfactory, the consumers later on started to make complaint regarding the non-availability of gas and increase of price etc. 1st opposite party then reported the same to opposite party 2 and 3 but there was no positive result. As a result of which the consumers approached them increasingly and demanded for refund the amount by disconnecting the cooking gas connection. This was informed to 2nd opposite party but they reluctant to refund the amount. 1st opposite party informed the consumers what is responded by 2nd and 3rd opposite parties. Since the 1st opposite party has sent the money to 2nd opposite party it is 2nd opposite party who has to take steps to return the amount. There is no deficiency in service on the part of this opposite party. Hence to dismiss the complaint as against 1st opposite party.
2nd opposite party, Consumerfed who sent version has also admitted the payment and failure of distribution of cooking gas. The price rise also admitted by 2nd opposite party in their version. Ultimately what the defense 2nd opposite party has taken is that the Koldy Petroleum India Limited, who had abruptly stopped the supply of filled cylinders are responsible for the existing state of affairs and hence they have to be finalized for the sufferings. There is no deficiency in service on the part of 2nd opposite party.
From the facts of the case it is made clear that the complainant has suffered due to the increase in price and non-availability of cooking gas. The opposite parties are responsible for this. If the cooking gas is not available there is no use with the gas connection. Hence opposite parties are answerable for the inconvenience and sufferings caused to the consumers. On going through the facts of the case we are of the opinion that there is deficiency in service on the part of opposite parties and they are liable to refund the amount. Hence we hold that opposite parties are liable to refund a sum of ` 5,750. Considering the social activities of 2nd opposite party and the unavoidable events that they have suffered we are not awarding compensation and cost. Hence it is ordered to refund an amount of ` 5,750 to complainant.
In the result, the complaint is allowed partly directing the opposite parties to refund an amount of ` 5,750 (Rupees Five thousand seven hundred and fifty only) to 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.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Cash receipt dated 18.09.1998.
A2. Certificate dated 19.02.2011.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
