DOF.31.5.10

DOO.4.10.10

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 4^th day of October       2010

C.C.No.145 /2010

P.Musthafa,

Nafeesa Mahal,

Vandiyala,

P.O.Mowanchery                                                         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 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 they supplied refilled gas cylinders of substandard quality and less 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.

            After receiving the complaint, forum sent notices to opposite parties. But opposite arties 1 and 2 are not appeared and filed their version. So they were called absent and set exparte. 3^rd opposite party filed their version.

            3^rd opposite party filed their version contending that as per agreement between the 3^rd opposite party  and Kerala State  Consumer Federation Ltd. Kochin who is entrusted with the supply of LPG  connection through Neethi stores or  any retail sales outlets of the Kerala State consumer federation Ltd.,3^rd opposite party has performed their part without any default.

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 affidavit 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 Rs.5750/-. Ext.A1 is the receipt which shows that the complainant has paid Rs.5750/- to 1^st opposite party on 30.3.98. As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 1^st opposite party Kappad Service co. operative Bank. The distribution of gas connection is a joint effort of all opposite parties. Complainant paid Rs.5750/- at the time of taking the connection and he was then assured by 1^st opposite party that 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 equipment opposite party did not take care to refund the amount. So there is deficiency of service on the part of opposite party. Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to 1^st opposite party on 19.3.10. Ext.A3 is the power of attorney produced by the complainant. Complainant executed power of attorney in favour of Shareefa on 25.4.2010. She empowered to conduct the case on behalf of the above complainant. Hence we are of opinion that all opposite parties are jointly and severally liable to refund Rs.5750/- to 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 

A3.Power of Attorney               

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

/forwarded by order/

                                                                                    Senior Superintendent