DOF.11-01-2013

DOO-18-06-2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

                            Dated this, the 18^th   day of  June    2013

C.C.No.12 /2013

T.P.Rema,

Simna Nivas,

Kappad,

P.O.Kappad 670 006                                              Complainant

 (Rep. byAdv.M.P.Vinayaraj)

1.    Secretary,

       Kappad Service co.op.Bank,

       P.O Kappad. 670 006.

 2. Managing Director,

     Kerala State Co.op.Consumer Federation,               Opposite parties

     Gandhi Nagar, Kochi.

3.  Manager,

     Koldy Petroleum India Ltd.,

     Moongilamada,

     Vannamada,

     Kozhinhampara,

     Palakkad.

          O R D E R

Sri.K.Gopalan, President

          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 complainant has taken cooking gas connection from the opposite parties through the Neethi Store. At the time of taking the connection he has paid  Rs.5750. Opposite party promised the complainant to refund the same at the time when the connection happened to be surrendered. The cooking gas distribution by the opposite parties later on became irregular and the quality also deteriorated, when it was complained to 1^st opposite party they answered that 3^rd opposite party is  responsible for the same. Because of these reasons complainant surrendered the connection demanding to refund the amount of Rs.5750. But the amount was not refunded by them. Hence this complaint.

Pursuant to the notice  opposite parties sent their version but did not made appearance.

            2^nd opposite party  contended in the version that  the distribution of gas disturbed due to the stoppage of supply of filled cylinders by the Koldy Petroleum India Ltd., the 3^rd opposite party. It is also contended that the amount of Rs.5,750 paid by the complainant is connection  fee and not security amount.

          3^rd  opposite party contended that they have performed  their part of contractual obligations as per the agreement with 2^nd  opposite party. The 3^rd opposite party has thus supplied LPG connections consisting of two cylinders and one regulator, per each connection to the consumer fulfilling their part of the contract. 3^rd opposite party also contended that in the absence of any agreement between the complainant and  this opposite party  there is no question of deficiency of service on the part of 3^rd opposite party. Hence to dismiss the complaint against 3^rd opposite party.

                  The evidence consists of the complainant as  PW1 and Ext.A1 and A2 marked.

          The main issue to be considered is whether there is any deficiency in service on the side of opposite parties.

The evidence adduced by complainant including Ext.A1 receipt issued by the 1^st   opposite party and Ext.A2 issue as the receipt receiving the cylinders and regulator goes to show that the complaint has deposited   Rs.5750 at the time of taking cooking gas connection and he had surrendered two cylinders and one regulator at the time of surrendering the connection. It is an admitted fact that complainant had paid the amount. Opposite parties have no case that the amount is refunded. The available evidence makes it certain that the distribution of cooking gas was stopped and complainant has no other way except surrendering the same. Hence it is evident that there is deficiency in service in the joint venture of the opposite parties. The opposite parties are liable to refund the amount of Rs.5750 deposited by the complainant. No cost is ordered considering the  peculiar situation and thus the issue is answered partly in favour of the complainant and order passed accordingly.

          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/-

                                                  President                     

                                             APPENDIX

Exhibits for the complainant

A1& A2.Certificates dated  17.11.12 issued by OP 

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1. Complainant

Witness examined for the opposite party: Nil

                                                                /forwarded by order/

                                                                   Senior Superintendent