D.O.F. 24.03.2011 D.O.O. 30.05.2011 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 30th day of May, 2011. C.C.No.100/2011 Sibi Dominic, Areekkunnel Veedu, Karyappalli, Vellora P.O., Mathamangalam (Via) : Complainant Kannur 1. The Managing Director, Eramam-Kuttur Service Co-op. Bank P.O. Vellor, Kannur Dist. 2. The Managing Director, Kerala State Co-op. Consumer Federation Ltd., Gandhi Nagar : Opposite parties Ernakulam, Cochin – 682 020 3. The Manager, Koldy Petroleum India, Moongimada, Vannamada, Kozhinhampara, Palakkadu. 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 : 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 due 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 Eramam-Kuttur Service Co-op. Bank Ltd, P.O. Vellora. But the supply of gas happened to be irregular. So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Eramam-Kuttur 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. After receiving the complaint notices were issued to opposite parties. Subsequently opposite party No.2 & 3 sent their version. Opposite party No.2 admitted that Consumer Fed had received ` 5750 from the complainant. 2nd opposite party further stated that it has suffered heavy loss by venturing in the cooking gas segment and at the time there was undue delay in getting gas connection. But it was done with the sole motive of helping the public of Kerala 2nd opposite party contended that infact the amount of ` 5750 was only connection free and not security deposit. Therefore the claims for refund of the same in the pretext of security deposit is baseless. Hence the complainant is not entitled to refund. More 2nd opposite party contended that at the time of giving cooking gas connection Consumerfed had received ` 5750 from all the consumers including the complainant in this opposite party. Out of this amount ` 5,500 was given to Koldy Petroleum India Ltd and ` 100 to primary societies through which connection was availed and Consumer Fed itself appropriated ` 150. As per the agreement with the Koldy Petroleum India Ltd they have supplied two cylinders and one regulator to each consumers. Opposite party No.3 filed their version contending that as per agreement between the 3rd opposite party and Kerala State Consumer Federation Ltd. Cochin, 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. 3rd opposite party has performed their part without any default. The main point to decide whether 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 evidence and documents the deficiency on the side of the opposite party is undoubtedly clear. 2nd opposite party has admitted that they have received ` 5750 at the time of giving connection. Ext.A1 is the receipt dated 09.09.1998 issued by 1st opposite party. Ext.A2 is the connection certificate which shows that complainant has taken gas connection from opposite parties. Ext.A1 receipt, which shows that complainant has paid ` 5750 to 1st opposite party on 09.09.1998. Since the gas distribution became irregular along with high increase of price of gas the complainant constrained to surrender the equipments and disconnecting the gas connection. Complainant was ready to surrender the equipments but opposite party was not ready to take back the equipments and refund the amount. So there is deficiency of service on the part of opposite party. Hence we are of opinion that all opposite parties are jointly and severally liable to refund 5750 to complainant. In the result complaint is allowed directing opposite party to refund ` 5750 (Rupees Five Thousand Seven Hundred and Fifty only) to the complainant within one month from the date of this order, failing which the complainant is allowed to execute the order against opposite party under the provisions of Consumer Protection Act. Complainant has to surrender the equipments when he receiving the amount. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the Complainant A1. Cash Receipt dated 09.09.1998. A2. Connection Certificate. Exhibits for the opposite party Nil Witness examined for the complainant PW1. Complainant Witness examined for opposite party Nil /forwarded by order/ SENIOR SUPERINTENDENT
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
