D.O.F. 21.07.2010

                                                                                  D.O.O.10.11.2010

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 10^th day of November,  2010

C.C.No.183/2010

B. Ramesan,

S/o. Kunhambu,

Eramballi House,                                                            :  Complainant

Aasari Valappil, P.O. Chovva,

Kannur District

1.  The Secretary,

     Elayavoor Service Co-operative Bank Ltd.

     P.O. Chovva, Kannur – 670 621                               

2.  The Managing Director,

     Kerala State Co-operative Consumer Federation

     Gandhi Nagar, Ernakulam.                                       :  Opposite parties         

     Cochin – 682 020

3.  The Manager,

     Koldy Petroleum India,

     Moongimada, Vannamada,

     Kozhinhampara, Palakkadu.

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 jointly provided gas connection for domestic purposes.  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 ` 5750 which will be refunded in the event of termination of the gas connection.  Complainant paid ` 5750 and availed gas connection.  But later on the supply of gas happened to be irregular as against the assurance of the 1^st opposite party.  Moreover they supplied refilled gas cylinders of substandard quality and quantity.  Hence the complainant cancelled the gas connection and asked for refund of the amount and hence the complaint.

          On receiving the complaint Forum sent notice to opposite parties. 

Opposite party 2 filed their version contenting that at the time of giving cooking gas connection Consumer Fed had received ` 5750 from all the consumers including the complainant in this case.  Out of this amount   ` 5500 was given to 3^rd opposite party, and ` 100 to 1<sup>st</sup> opposite party through which a connection was availed and 2<sup>nd</sup> opposite party had appropriated ` 150.  As per the agreement with 3^rd opposite party they supplied 2 cylinders and one regulator to each consumer.  The filled cylinders in a periodical manner were also supplied by 3^rd opposite party.

          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 the oral evidence of complainant as PW1 and Exts.A1 to A3.

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 of  ` 5750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt dated 05.09.2010 issued by 1<sup>st</sup> opposite party proves that the complainant has taken gas connection from opposite parties and paid ` 5750.  Ext.A2 is the Connection certificate dated 22.09.1998 which shows that the complainant has taken gas connection from opposite parties.   Complainant stated that the opposite parties did not supply gas regularly.  It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users.  When it was complained to 1^st opposite party, his explanation was that 2^nd and 3^rd opposite parties are responsible for those troubles.  Hence it is quite evident that there is deficiency in service on the part of opposite parties.  Ext.A3 is the surrendering certificate dated 20.07.2010 which shows that the complainant had surrendered two cylinders and once regulator to 1^st opposite party.  Hence all the opposite parties are jointly and severally liable to refund ` 5750 to the complainant.  Thus issues 1 to 3 is found in favour of the complainant.

          In the result, the complaint is allowed directing the opposite parties to pay an amount of ` 5750 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 of receipt issued by 1^st OP dated 05.09.2010.

A2.  Collection Certificate dated 22.09.1998.

A3.  Certificate for receipt issued by 1^st OP dated 20.07.2010.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT