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 Anjarakkandi Farmers Service Co-op. Bank Ltd, P.O. Mamba.  But the supply of gas happened to be irregular.  So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Anjarakkandi Farmers 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 but opposite party was not ready to refund the amount and hence the complaint.

          On receiving the complaint Forum sent notices to opposite parties. 

          1^st opposite party appeared and filed their version contending as follows:  1^st opposite party appeared and filed admits the contention that complainant availed gas connection through them but it is denied that there was deficiency of service as alleged on the part of 1^st opposite party.  The project for distributing gas cylinders through Neethi gas store was invented by consumerfed and Koldy.   1^st opposite party only acted as an agent in delivery of gas cylinders to the customer which was provided by Consumerfed and  Koldy gas agency.  As such, the 1^st opposite party is an unnecessary party in the proceedings.  As per the direction of 2^nd and 3^rd opposite party 1^st opposite party invited application from the public for gas connection and 116 consumers were affirmed through them.  1^st opposite party collected ` 500 towards registration charge and 5250 as security from the above customers and the said amount was handed over to the 2^nd opposite party.  Initially the gas cylinders were properly supplied by Koldy gas and thereafter the Consumerfed through the Neethi gas agency.  But subsequently there arouse complaints regarding proper delivery of cylinders and its quality. Even though the matter was brought to the notice of 3^rd opposite party they were not cared to take any steps to rectify the defects.  Hence the consumers were started to relinquish their connection and demanded return of the security deposit amount and registration charge collected from them.  2^nd and 3^rd opposite parties are liable to refund the said amount to the customers it was admitted to the initial meeting.  Since the 1^st opposite party is ready to refund the amount to the customer as and when it is received from the 2^nd and 3^rd opposite party.  Since the complainant is a member of the 1^st opposite party society and the 1^st and 2^nd opposite parties are societies registered as per Co-operative Societies Act the dispute between them if any can be decided only by the Registrar of Co-operative Societies and as such the complaint is not maintainable before the Forum.  Since there was no deficiency of service on the part of 1^st opposite party, they are to be exonerated.

          2^nd opposite party filed their version contending that at the time of giving cooking gas connection Consumerfed had received ` 5750 from all the consumers including the complainant.  Out of this amount ` 5,500 was given to Koldy Petroleum India Ltd and ` 100 to primary societies through which connection was 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 consumers .   The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India.

          3^rd opposite party filed their version as follows.  As per agreement between 3^rd opposite party and Kerala State Consumer Federation Ltd, Cochin, who is entrusted with the supply of LPG connection through Neethi Stores or any retail sales outlets of the Kerala State Consumer Federation Ltd., Cochin 3^rd opposite party has performed their part without any fault.

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

1.         Whether there is any deficiency in service on the part of opposite parties?

2.         Whether the complainant is entitled for remedy as prayed in the complaint?

3.         Relief and cost?

The evidence consists of proof affidavit of the complainant and Ext.A1 and A2 marked.

Issues No.1 to 3 :

          The complainant has stated in the complaint that he has availed gas connection from 1^st 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 which shows complainant already paid ` 5750 to 1^st opposite party.  The main point to decide is whether there is any deficiency in service on the part of the opposite parties and the complainant is entitled for the refund of the amount.  1^st opposite party has admitted that they have received ` 5750 at the time of giving connection. Ext.A1 is the receipt issued by opposite party.  Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 1^st opposite party.  1^st opposite party promised to the complainant that complainant can accept the full amount from opposite party whenever he surrender the equipments.  Hence issues No.1 to 3 are found in favour of complainant.

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

          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.

                           Sd/-                   Sd/-                     Sd/-                           

President              Member                Member

APPENDIX

Exhibits for the Complainant

A1.  Receipt dated 07.10.1998.

A2.  Certificate dated 24.09.2011 issued by 1^st OP.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT