DOF.13.2.10

DOO.11.8.10

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, the 11^th  day of August  2010

C.C.No.71 /2010

K.P.Kousu,

‘Rikjayam’,

P.O.Vadakkumbad.                                       Complainant

1. Secretary,

   Vadakkumbad Service co.op.Bank,

    P.O.Vadakkumbad

 2. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

          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 and cost

The case of the complainant in brief is as follows:           The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1^st opposite party he assured that 2^nd opposite party will provide gas connection on deposit of Rs.5750/- that will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1^st opposite party. More over the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1^st opposite party was not ready to refund the amount and hence the complaint.

            After receiving the complaint, notices were issued to the opposite parties.  2^nd Opposite party appeared and filed their version. 2^nd opposite party submitted through their version that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this OP. 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 consumfefed 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   admits that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 2^nd opposite party but due to withdrawal of   Koldy Petroleum India Ltd. from supplying gas and hence if any liability is found only Koldy Petroleum is 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 chief affidavit of complainant and Exts.A1to A3 marked.

 Issue Nos. 1 to 3

            The complainant has stated in the complaint that she has availed gas connection from 1^st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  1^st opposite party supplied gas cylinders to complainant 1^st opposite party was not supplied gas properly. Ext.A1 is the connection certificate, which shows the complainant has taken gas connection from opposite parties.  More over distributed gas is poor in quality and quantity. So complainant returned the two cylinders and regulator to 1^st opposite party and demanded for the deposit amount.  Ext.A2 is the surrendering certificate which shows that the complainant has surrendered two cylinders and one regulator to opposite parties. But 1^st opposite party was not ready to refund the deposit amount. According to 1^st opposite party they are not responsible to refund the deposit amount. 2^nd opposite party is responsible to return the amount. So complainant decided to file the case. Ext.A3 is the receipt which shows the complainant has paid Rs.5750/- to 1^st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus issues 1 to 3 are found in favour of 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/-               President                        Sd/- Member       Sd/-Member

                                                  APPENDIX

Exhibits for the complainant

A1 to A3.Connection certificate  and receipts issued by OP                   /forwarded by order/

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                                                            Senior Superintendent