D.O.F  –  01-11-2013

                                        D.O.O  –  16-01-2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present:  Sri.K.Gopalan                   :  President

                                       Smt.Sona Jayaraman.K                    :  Member

                                       Sri. Babu  Sebastian                         :  Member

                                                Dated this, the 16^th day of  January 2014.

CC.No.316/2013

Narayanan.K.K.,

Karipal Kallambally (House),

Prayag, Karipal,

Karipal (PO),                                                  :          Complainant

Kannur (Dt.)   

1. The Secretary,

       Eramam-kuttur Service Co-Operative Bank,

       Vellora (PO),

      Mathamangalam,

       Kannur – 670 306.

1. The Managing Director,                                                                               

         Kerala State  Co-Op. Consumer Federation,

         Gandhinagar,

         Cochin – 682 037.                                        :    Opposite Parties    

1. The Managing Director,

Koldy Petroleums (India) Ltd,

Moongilmada,

Vannamada,

Kozhijappara,

Palakkad.

 O R D E R

Sri. Babu Sebastian, Member

          This is a complaint filed Under Section 12 of The Consumer Protection Act for an order directing the opposite parties to refund `5750 together with `25,000  as a compensation  to the complainant.

            As per the averments in the complaint, the complainant  has taken gas connection from opposite party No.1 Managing Director, Eramam Co-Op. Bank, Vellora (PO) and the other opposite parties are  Managing Director, Kerala Co.op. Consumer Federation Limited and the Manager call D petroleum India, Palakkad.  The gas distribution is a joint effort of both parties.  The complainant paid `5750 to 1^st   opposite party at the time of taking gas connection with an undertaking that the security amount will refund when the complainant is surrendering the gas connection.  Subsequently the gas distribution become irregular, and gas is not available in time.  Because of interruption in supply of gas and price rise, the complainant surrendered the equipment before  the 1^st opposite party and they issued receipt for that.  But when asked for refund of money  opposite party has told the complainant that the amount was entrusted by the 2^nd opposite party and so opposite parties did not refund the amount.  Hence this complaint.

            After receiving the complaint Forum sent notice to opposite parties. The opposite party No.2 Kerala State Consumerfed filed version  contenting that complainant is not maintainable since it is hit by Under Section 69 of Co-Operative Society Act.  The  difficulties and hardles faced by the consumerfed has been elaborately discussed in

version.  It is admitted that at the time of giving gas connection complainant has paid `5750.  But the claim for refund is not allowable.

On the above pleadings, the following issues were framed.

1.  Whether there is any deficiency on the part of the opposite  

          parties?    

1.  Whether consumer is entitled for the remedy as prayed in the   
2.  

1. Relief and cost?

             Evidence consists of oral evidence  adduced the complainant as PW1 and documentary evidence  Ext. A1 marked on the side of the complainant.

Issues No.1 to 3

     It is admitted that the complainant has paid `5750 at the time,  when the L.P.G. connection was taken.  It is seen at first instance gas was regularly supplied.  But the supply of gas subsequently become irregular.  It is true that the opposite party failed to supply gas uninterruptedly.  When gas is not available there is no use of keeping the equipments under such circumstance.  If complainant happened to surrender the connection, he cannot be blamed.

            The opposite parties have not appeared before the Forum except the version filed by the opposite party No.2.  The contention raised in the version cannot be considered as evidence of the opposite party.

          The  complainant asked the opposite party to refund the amount that he had paid at the time of availing the gas connection, but opposite party did not make payment.  It is the duty of the opposite party to refund the amount at the time of surrendering the equipments.  Ext. A1 shows that the complainant has surrendered the cylinders and regulator to opposite party and opposite party acknowledge the receipt of `5750 from the complainant.  Thus there is clear deficiency in service on the part of opposite parties.  The complainant is entitled to get the amount of `5750 refunded.  So issues No. 1 to 3 are answered infavour of the complainant.

                 In the result, complaint is partly allowed, directing  the opposite parties to refund an amount of `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 shall be at liberty to execute the order on the expiry of 30 days as per the provisions of the   Consumer Protection Act.

                 Dated this, the 16^th day of January 2014.

                     Sd/-                    Sd/-           Sd/-

                    President             Member          Member

                                                          APPENDIX

Exhibits for the complainant

A1  Receipt No.063692 Eramam-Kuttur Service Co-Op. Bank Ltd.   

      dated23-09-99

A2-  Receipt No.091611 Eramam-Kuttur Service Co-Op. Bank Ltd.

       dated 14-06-2000

Exhibits  for the opposite party

PW1-Complainant

Witness examined for the complainant                                                         

Nil

Witness examined for opposite party

Nil

                                                                               /Forwarded By Order/

                                                                       SENIOR SUPERINTENDENT