DOF.6.5.10

DOO.1.10.10

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 1^st   day of   October   2010

C.C.No.125/2010

P.K.Balakirshnan,

Vadakkayil Kunumpram House,

Vadakkumbad,

P.O.Mundaloor 670 622.                                               Complainant

1. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

2. Secretary,

    Mavilayi  Service co.op. Bank,

    P.O.Mavilayi

          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.

As per the averments in the compliant, the complainant has taken cooking gas connection from opposite parties through 2nd opposite party Mavilayi Service co. operative Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid Rs.5750/- at the time of taking the connection and he was then assured by the 2^nd opposite party that the amount would be refunded when the equipments are returned. Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnecting the gas connection. Even after surrendering the equipments opposite party did not take care to refund the amount. Hence this complaint.

            After receiving the complaint, forum sent notices   to both sides. 1^st opposite party filed their version. 1^st opposite party filed their version contending that at the time of giving cooking gas connection consumerfed had received Rs.5750/- from all the consumers including the complainant in this O.P. 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 consumerfed 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. They further   admit that some delay was caused not because of any default committed by 1^st opposite party. So 1^st opposite party is not liable.

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

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

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

3. Relief and cost.

            The evidence consists of oral testimony of complainant and Exts.A1and A2 marked.

 Issue Nos. 1 to 3

            The complainant has stated in the complaint that he has availed gas connection from 2^nd opposite party by paying an amount of Rs.5750/-. Ext.A1 is the receipt which shows that the complainant has paid Rs.5750/- to 2^nd opposite party on 24.4.98.  As per the averments in the complaint, complainant has taken cooking gas connection from opposite parties through 2^nd Opposite party Mavilayi SC Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid Rs.5750/- at the time of taking the connection and he was then assured by 2^nd opposite party that amount would be refunded when the equipments are returned.  Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnecting the gas connection. Even after surrendering the equipments opposite party did not take care to refund the amount. So there is deficiency of service on the part of opposite party. Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 2^nd opposite party on 3.5.2010. Hence we are of opinion that all opposite parties are jointly and severally liable to refund Rs.5750/- to the 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& A2.Certificates issued by OP      

Exhibits for the opposite parties: Nil

Witness examined for the complainant:

 PW1.Complainant

Witness examined for the opposite parties: Nil     /forwarded by order/

                                                                                    Senior Superintendent

Consumer Disputes Redressal Forum, Kannur