DOF.20.11.09

DOO.3.9.10

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 3^rd day of  September 2010

C.C.No.312 /2009

K.C.Davood,

Noor Mahal,

Chathurakinar,

P.O.Varam.                                                                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. Koldy Petroleum India Ltd.

   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:           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 they 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. Opposite parties 2 and 3 appeared and filed their version.

 2^nd opposite party admitted that consumer fed had received Rs.5750/- from all the consumers including the complainant in this OP.  2^nd opposite party further stated 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 the sole motive of helping the public of Kerala. 2^nd opposite party contended that in fact the amount of Rs.5750/- was only connection fee and not security deposit. Therefore the claims for refund of the same in the pretext of security deposit are baseless. Hence the complainant is not entitled to refund.  More over 2^nd opposite party contended that at the time of giving cooking gas connection Consumerfed had receivedRs.5750/- from all the consumers including the complainant in this O.P.  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.

            3^rd opposite party filed their version contending that as per agreement between the 3^rd opposite party  and Kerala State  Consumer Federation Ltd. Kochin who is entrusted with the supply of LPG  connection through Neethi stores or  any retail sales outlets of the Kerala State consumer federation Ltd.,3^rd opposite party has performed their part without any default.

            The main point to be  decided is whether there is any deficiency in service on the part of opposite parties and the complainant is entitled for the refund of the amount. Since the opposite party had admitted that there is interruption in gas connection together with the evidence adduced by the complainant by way of chief affidavit and documents the deficiency on the side of the opposite party is undoubtedly clear. 2^nd opposite party has admitted that they have received Rs.5750/- at the time of giving connection. Ext.A1 is the receipt issued by 1^st opposite party. Thus the payment of Rs.5750/- by the complainant is true. Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 1^st opposite party.

            In the light of the available evidence on records we are of opinion that there is deficiency in service on the part of opposite parties. Thus opposite parties are liable to refund the amount of Rs.5750/- to complainant. Considering the peculiar situation we re not awarding compensation and cost.

            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 Certificate 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.