D.O.F. 08.08.2011
D.O.O. 27.10.2011
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 27th day of October, 2011.
C.C.No.246/2011
Nirmala M.M.,
W/o. Chandran, : Complainant
Sreelakshmi Nivas, Valannur,
P.O. Kappad, Kannur
(Rep. by Adv. M.P. Vinayaraj)
1. The Secretary,
Kappad Service Co-op. Bank
P.O. Kappad, Kannur Dist.
2. The Managing Director,
Kerala State Co-op. Consumer
Federation Ltd., Gandhi Nagar : Opposite parties
Ernakulam, Cochin – 682 020
3. The Manager,
Koldy Petroleum India,
Moongilamada, Vannamada,
Kozhinjampara, Palakkad.
O R D E R
Smt. M.D. Jessy, Member
This is a complaint filed under Section 12 of 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 : Complainant has taken cooking gas from opposite party. The opposite parties provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders without any delay. But there was no regular supply of cooking gas and committed gross defect in performing the terms of the contract. The said payment was made through agent of opposite party ie Kappad Service Co-op. Bank Ltd, P.O. Kappad. But the supply of gas happened to be irregular. So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Kappad Service Co-op. Bank. But the opposite party were not ready to repay the amount. Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.
After receiving the complaint Forum sent notices to opposite parties. 3rd opposite party sent their version as follows that as per the agreement between 3rd opposite party and Kerala State Consumer Federation Ltd., Cochin, who is entrusted with the supply of LPG connection through Neethi Stores or any retail sales outlets of the Kerala State Consumer Federation Ltd., Cochin. 3rd opposite party has performed their part without any default.
2nd opposite party not appeared and not send their version.
On the above pleadings the following issues were raised for consideration.
1. Whether there is any deficiency of 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 the complainant and Ext.A1 and A2 marked.
Issue No.1 to 3 :
The complainant has stated in the complaint that she has availed gas connection from 1st 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.A1 is the receipt dated 29.07.2011 which show that complaint has paid ` 5750 to 1st opposite party on 31.03.1998 for taking gas connection. Ext.A2 is the surrendering certificate which shows that complainant has surrendered two cylinders and one regulator to 1st opposite party on 29.07.2011. Even after surrendering the equipments opposite party did not take care to refund the amount. So there is deficiency of service on the part of opposite party. Complainant made request to opposite parties for refund connection fee but opposite party was not ready to repay full amount.
Hence we are of opinion that all opposite parties are liable jointly and severally to refund ` 5750 to the complainant.
In the result, the 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 entitled to execute the order as per the provisions of Consumer Protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Receipt Certificate dated 29.07.2011 issued by 1st OP.
A2. Certificate dated 29.07.2011 issued by 1st OP
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT