D.O.F. 21.02.2011 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.55/2011 K. Ashokan, S/o. Krishnan, Koolichal House, : Complainant Poovathoor, P.O. Koodali, Kannur 1. The Secretary, Koodali Service Co-op. Bank Ltd., P.O. Koodali, Kannur. 2. The Managing Director, Kerala State Co-op. Consumer Federation Ltd., Gandhi Nagar : Opposite Parties Ernakulam, Cochin – 682 020 3. The Manager, Coldy Petroleum India, Moongilamada, Vannamada, Kozhinjampara, Palakkad. 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 ` 5250 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 Koodali Service Co-op. Bank Ltd, P.O. Koodali. But the supply of gas happened to be irregular, so complainant cancelled gas connection and made request to repay deposit amount before Secretary, Koodali 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. After receiving the complaint, Forum sent notices to opposite parties. 2nd opposite party sent their version. 2nd opposite party sent their version contending 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 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 Ltd. 2nd opposite party also submitted that it has suffered heavy loss by venturing in the cooking gas segment and at that time there was undue delay in getting gas connection. But it was done with sole motive of helping the public of Kerala. 2nd opposite party contended that the amount of ` 5750 was only connection fee and not security deposit. Therefore the claim for refund of the same is baseless. Hence the complaint. Opposite party No.3 sent their version as follows : As per agreement between 3rd opposite party and Kerala State Consumer Federation Ltd., Cochin, it is entrusted 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 fault. 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 1st opposite party, Koodali Service Co-operative Bank by paying an amount of ` 5250. Ext.A1 is the receipt which shows that complainant has paid ` 5250 to 1st opposite party on 11.09.1998. As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 1st opposite party, Koodali Service Co-operative Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid ` 5250 at the time of taking the connection and he was assured by 1st 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 equipment 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 1st opposite party on 13.01.2011. Hence we were of opinion that all opposite parties are jointly and severally liable to refund ` 5250 to the complainant. In the result, the complaint is allowed directing the opposite parties to refund ` 5250 (Rupees Five Thousand Two 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 1st OP dated 13.01.2011. A2. Certificate of receipt dated 13.01.2011 from 1st OP. Exhibits for the opposite party Nil Witness examined for the complainant Nil 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 | | 
