D.O.F. 20.09.2010

                                          D.O.O. 13.12.2010

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 13^th day of  December,  2010.

C.C.No.234/2010

Ramprakash A.,

S/o. Kunhiraman Nair,

‘Manikoth’ (Thatvamasi),                            :         Complainant

P.O. Mavilayi, Kannur     

1.  The Secretary,

     Mavilayi Service Co-op. Bank Ltd.,

     P.O. Mavilayi, Kannur.                          :         Opposite Parties       

2.  Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar             

     Ernakulam,  Cochin – 682 020

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 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 Mavilayi Service Co-op. Bank Ltd, P.O. Mavilayi.  But the supply of gas happened to be irregular, so complainant cancelled gas connection and made request to repay deposit amount before Secretary, Mavilayi 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 repay the amount, hence the complaint.

          On receiving the complaint Forum sent notices to opposite parties.   Opposite parties had not appeared and filed their version.

          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 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 ` 5,750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A2 is the receipt dated 13.07.2010 which shows complainant already paid ` 5,750 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.  Opposite party 1 has admitted that they have received ` 5750 at the time of giving connection.  It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas.  When it was complained to 1<sup>st</sup> opposite party his explanation was that 2<sup>nd</sup> opposite party is responsible for those troubles.  Ext.A1 is the surrendering certificate dated 13.07.2010 which shows that the complainant had surrendered two cylinders and one regulator to 1<sup>st</sup> opposite party.  Hence all opposite parties are jointly and severally liable to refund ` 5,750 to the complainant.  Thus issue No.1 to 3 found in favour of the complainant.

          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.   Certificate from 1^st OP dated 13.07.2010.

A2.  Certificate of receipt dated 13.07.2010 from 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