DOF 27.7.2010

DOO.10.11.2010

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 10^th  day of  November   2010

C.C.No.185/2010

Noufal,

Thaikkandi House,

Vattappoyil, 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 `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  `5750 that will be refunded in the event of termination of the gas connection. Complainant paid `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, Forum issued notices to opposite parties.  2^nd opposite party appeared and filed their version.

2^nd opposite party filed version  contending that at the time of giving cooking gas connection consumer fed had received `5750 from all the 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 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 in service on the part of 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 the complainant and Exts.A1 to A3 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 `5750. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A2 is the receipt dated 28.11.09 which shows complainant already paid `5750 to 1^st opposite party on 17.12.98.  1^st opposite party has admitted that they have received `5750 at the time of giving connection. Ext.A2 is the receipt issued by 1^st opposite party. Complainant stated that opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas when it was complained to 1^st opposite party his explanation was that 2^nd and 3rd opposite parties are responsible for those troubles. Ext.A3 is the surrendering certificate dt.28.11.09 which shows the complainant has surrendered two cylinders and one regulator to 1^st opposite party.1^st opposite party promised to the complainant that  he can accept the full amount from opposite party whenever he surrender the equipments. So opposite parties are liable to pay the amount. Ext.A1 is the power of attorney dated 25.9.10. Hence issue No. 1 to 3 is found in favour of complainant.

          In the light of the available evidence on record 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 `5750 to 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. Power of Attorney

A2  & A3. 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