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  2^nd   day of February 2010

C.C.No.280/2009

P.Ibrahimkutty,

Harsha,

P.O.Kappad                                                                  Complainant

1. Secretary,

    Kappad Service co.op.Bank,

    P.O.Kappad.

2. Managing Director,

    Kerala State Co.op.Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

3. Manager,

    Koldy Petroleum India,

    Moongilamada,

    Vannamada,

    Kozhinhampara, Palakkad.

.

                                                                   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: On 2.5.1998 the complainant availed an L.P.Gas connection from 1^st opposite party under consumer No.14, R.No.46764. It was informed that 2^nd opposite party will deliver the cylinders through the Neethi store conducted by 1^st opposite party.  At the time of availing gas connection the 1^st opposite party received an amount of Rs.5750/- as deposit for the connection and receipt for the same is issued to the complainant. It was agreed by 1^st opposite party that the security amount will be returned to the complainant at the time of surrendering the gas connection. The opposite e parties failed to deliver cylinders promptly and the quality and quantity of the gas is also not correct. Even though the complainant raised objections many times before 1^st opposite party they evaded from the liability by saying that 2^nd opposite party is responsible for the same. Since the service rendered by the opposite parties are not feasible the complainant surrendered the gas cylinders before 1st opposite party and requested to return the security amount. But the 1^st opposite party did not pay the same stating that the deposit amount was handed over to 2^nd opposite party. The opposite parties were not so far returned the security amount to the complainant and the said act amounts deficiency in service on the part of the opposite parties.

            On receiving the complaint, notices were issued to the opposite parties. 3^rd opposite party appeared and filed their version before this Forum. 3^rd opposite arty filed their version contending that the Kerala Consumer Federation Ltd. Cochin is to pay the amount agreed upon between them as connection fee payable for each domestic connection to the 3^rd opposite party less applicable commission for each connection payable to them. The 3^rd opposite party has thus supplied LPG connection consisting of two cylinders and one regulator for each connection to the Kerala State Consumer Federation Ltd. So 3^rd opposite party is not 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 proof affidavit of complainant and   Exts.A1 and A2 marked.

Issue Nos. 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 Rs.5750/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered.

Ext.A1 is the receipt which shows the complainant has paid the amount to 1st opposite party on 2.5.98 towards security deposit for gas connection.  Ext.A2 is the surrendering certificate which shows the complainant had surrendered two cylinders and one regulator to employee of 1^st opposite party on 10.6.09.It can be seen from the available evidence that the opposite party failed to issue cooking gas cylinder regularly. If the gas is not available regularly the very purpose of taking connection is meaningless as far as a consumer is concerned. Hence the irregular supply is a clear deficiency in service. The opposite parties are liable to refund the amount of Rs.5750/- to the complainant. Issues 1 to 3 are found partly in favour of 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/-                             Sd/-                       Sd/-

                                    President                           Member                    Member

                              APPENDIX

Exhibits for the complainant

A1 & A2. Receipts issued by OP

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

                                                                /forwarded by order/

                                                                 Senior Superintendent

Consumer Disputes Redressal Forum, Kannur