D.O.F. 01.07.2011

                                          D.O.O. 31.08.2011

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 31^st day of  August,   2011

C.C.No.204/2011

K.K. Sameer,

S/o. Abdul Khader,

‘Khadeeja Manzil’, Vattappoyil,                            :         Complainant       

P.O. Echur, Kannur District.

(Rep. by Adv. M.P. Vinayaraj)     

1.  The Secretary,

     Kappad Service Co-op. Bank Ltd.,

     P.O. Kappad, Kannur District.

2.  The Managing Director,

     Kerala State Co-op. Consumer Federation

     Gandhi Nagar, Cochin                                     :         Opposite parties

3.  The Manager,

     Koldy Petroleum India,

     Moongilamada, Vannamada,

     Kozhinjam Para, Palakkad.         

O R D E R

Smt. M.D. Jessy, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite parties to refund ` 5750 together with interest.

          As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through opposite party 1 Kappad Service Co-op. Bank.  The distribution of gas connection is a joint effort of all opposite parties.  Complainant paid ` 5750 at the time of taking the connection and he was then assured by 1^st opposite party that the 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 equipments opposite party did not take care to refund the amount.  Hence this complaint.

          After receiving the complaint Forum sent notices for both sides.  Opposite parties remained absent.  Opposite party No.2 and 3 send version.

          2^nd opposite party send 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.

          Opposite party No.3 send their version contenting that as per agreement between 3^rd opposite party and Kerala State Consumer Federation Ltd., Cochin, Kerala State Consumer Federation Ltd., Cochin who is entrusted with the supply of LPG  connection through Neethi Stores or any retail sales outlets of the Kerala State Consumer Federation Ltd., Cochin.  3^rd opposite party has performed their part without any default.  Opposite party No.3 also contented that in the absence of any agreement between the petitioner and 3^rd opposite party, the 3^rd opposite party has not offered any service to the complainant and in the absence of any such offer, the question of deficiency of service does not arise as far as the 3^rd opposite party is concerned.

          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 complaint is entitled for remedy as prayed in the complaint?

3.       Relief and cost ?

The evidence consists of chief affidavit of complainant and Ext.A1 and A2 marked.

Issue 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 ` 5750.  Ext.A1 is the receipt dated 18.06.2011 which shows that complainant has paid ` 5750 for taking gas connection from 1^st opposite party on 05.10.1998. Here all opposite parties are jointly and severally liable to refund ` 5750 to the complainant.  Ext.A2 is the surrendering certificate which shows that complainant surrendered two cylinders and one regulator to opposite party on 18.06.2011.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.

          In the result 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 complainant is allowed to execute the order against the opposite parties under the provisions of Consumer Protection Act.

                              Sd/-                       Sd/-                     Sd/-

                          President                 Member                Member

APPENDIX

Exhibits for the Complainant

A1 & A2.  Certificates dated 18.06.11 from 1^st opposite  party.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT