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  19^th  day of  March  2010

C.C.No.272/2009

D.V.Yousaf Hajee,

Shahina Manzil,

Kappad, P.O.Kappad.                                                                   Complainant

1. Secretary,

    Kappad Service co.op.Bank,

    P.O.Kappad.    Kannur.

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: The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regulor 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.

            On receiving the complaint, notices were issued to the opposite parties

            2^nd opposite party filed their version contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this case. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd. And Rs.100/- for primary societies through which connection was availed and consumer fed itself appropriated Rs.150/-. As per the agreement with the Koldy Petroleum India Ltd, they supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by  3^rd opposite party.

            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 chief affidavit of complainant and Exts.A1 and A2 marked.

Issue Nos. 1 to 3

            The complainant has stated in the complaint that she has availed gas connection from 1^st opposite party by paying an amount of Rs.5750/-. The complainant paid the amount of Rs.5750/- to 1^st opposite party. Even though they promised to distribute the gas regularly, they distributed low quality cooking gas to complainant and opposite party not distributed the gas regularly to the complainant. So complainant decided to surrender gas cylinder and regulator to the opposite party. The available evidence on record goes to show that the supply of gas cylinder is irregular and the delay caused difficulties to complainant. This amounts to deficiency in service on the part of opposite parties. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt which shows the complainant had paid the amount to opposite party. Ext.A2 is the surrendering certificate which shows the complainant had surrendered two cylinders and one regulator to 1^st opposite party under such circumstances  that opposite parties are  liable to refund the amount of Rs.5750/-. Hence the issues 1 to 3 are found in favour of the 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. Certificates 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