DOF.20.07.11
DOO.29.09.11
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 29th day of September 2011
CC.No.235 /2011
V.V.Subaida,
M.S.Manzil,
Chelora,
Mowanchery P.O. 670 613 Complainant
1. Secretary,
Kappad Service Co.opertive Bank,
Kappad 670 597.
2. Managing Director,
Kerala State Co-op. Consumer Federation, Opposite parties
Gandhi Nagar, Kochi
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section12 of the consumer protection Act for 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 1st opposite party Kappad Service Co.operative 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 1st 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 filed.
After receiving the complaint Forum sent notices to both opposite parties. Opposite parties re not appeared. But 2nd opposite party send their version contending that at the time of giving cooking gas connection cosumerfed had received `5750 from all consumers including the complainant in this OP. 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 consumer. The filed 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 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 oral testimony of the complainant as PW1 and Ext.A1 & A2 marked.
Issue Nos. 1 to 3
The complainant has stated in the complaint that he has availed gas connection from 1st 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 28.2.2011 which shows that complainant has paid `5750 for taking cooking gas connection from 1st opposite party on 23.9.1999. Ext.A2 is the surrendering certificate dated 11.3.2011 which shows that complainant surrendered two cylinders and one regulator to 1st opposite arty on 28.2.2011. Here all opposite parties are jointly and severally liable to refund `5750 to the complainant.
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 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.Certificates dt.28.2.11 &11.3.11issued by OP
Exhibits for the opposite parties: Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum,Kannur.
