DOF.23.2.10

DOO.11.8.10

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, the 11^th   day of  August     2010

C.C.No.70 /2010

K.V.Nabeesa,

White House,

P.O.Macheir,

Mowencheri.                                                              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.

.

          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 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 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 the 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 OP. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd. And Rs.100/- to primary societies through which connection was availed and consumerfed itself appropriated Rs.150/-. As per the agreement   with the Koldy Petroleum India Ltd. They have 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 the opposite parties?

2. Whether the complainant is entitled for remedy as prayed in the complaint?

3. Relief and cost.

            The evidence consists of proof affidavitof complainant and Exts.A1 & 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 was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt, which shows that the complainant has paid Rs.5750/- for taking gas connection from 1^st opposite party.Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to  1^st opposite party. 1sty opposite party promised  to the complainant that complainant can accept the full amount from opposite party when ever  she surrenders the equipments. Hence issues Nos. 1 to 3 are found in favour of complainant

In the light of the available evidence on record it can be seen that there was no regular supply of cooking gas. Hence 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 Rs.5750/- to complainant. Considering the peculiar situation we are not awarding compensation.

                        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                        Sd/- Member       Sd/-Member

                                                  APPENDIX

Exhibits for the complainant

A1& A2.Receipts 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.