D.O.F. 13.09.2011

                                          D.O.O. 13.12.2011

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 13^th day of December,  2011.

C.C.No.281/2011

C. Sainaba ,

Shareefa Manzil,                                        :         Complainant

Chelora,

P.O. Kappad, Kannur - 6

1.  The Secretary,

     Kappad Service Co-op. Bank

     P.O. Kappad, Kannur Dist.

2.  The Managing Director,               :         :         Opposite parties

     Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar                      

     Ernakulam,  Cochin – 682 020

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 :  Complainant has taken cooking gas from opposite party. The opposite parties  provided gas connection for domestic purposes.  The opposite party offered spot connection and regular supply of gas cylinders without any delay.  But there was no regular supply of cooking gas and committed gross defect in performing the terms of the contract.  The said payment was made through agent of opposite party ie Kappad Service Co-op. Bank Ltd, P.O. Kappad.  But the supply of gas happened to be irregular.  So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Kappad Service Co-op. Bank.  But the opposite party were not ready to repay the amount.    Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.

On receiving the complaint notices were issued to opposite parties.

2^nd opposite party filed 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 O.P.  Out of this amount     ` 5500 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.    

          On the above pleadings the following issues were raised for consideration.

1.        Whether there is any deficiency of 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 oral testimony of the 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 of ` 5750 to 1<sup>st</sup> opposite party.    Eventhough they promised to distribute the gas regularly, they distributed low quality with heavy price to the complainant. So complainant decided to surrender gas cylinder and regulator to opposite party.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt dated 03.09.2011 which shows the complainant had paid the amount to opposite party.  Ext.A2 is the surrendering certificate dated 03.09.11 which shows the complainant had surrendered two cylinders and one regulator to 1<sup>st</sup> opposite party.  Under such circumstances that opposite parties are liable to refund the amount of ` 5750.  Hence the issues 1 to 3 are found in favour of the complainant.

          In the result, the 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 the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.

                              Sd/-                      Sd/-

                        President                   Member     

APPENDIX

Exhibits for the Complainant

A1.  Receipt Certificate dated 03.09.11 issued by 1^st OP.

A2.  Certificate dated 03.09.2011 issued by 1^st OP.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT