D.O.F. 01.04.2011 D.O.O. 14.06.2011 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 14th day of June, 2011. C.C.No.116/2011 P.V. Sreenivasan, ‘Srinivas’ Chavassery P.O. : Complainant Mattannur. 1. The Secretary, Kolari Service Co-op. Bank Ltd. Iritty Road, Mattannur 2. The Secretary, : Opposite parties Kerala State Consumer Federation Ltd., Gandhi Nagar, Cochin-20 O R D E R Smt. M.D. Jessy, Member This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to refund deposit amount of ` 5750 with interest and cost. The case of the complainant is as follows : On 30.05.1998 the complainant availed a L.P. Gas connection from 1st opposite party. Complainant paid ` 500 to 1st opposite party on 09.04.1998 towards registration fee and ` 5250 is paid on 30.05.1998 as security deposit and he took the gas connection. At the time of availing gas connection altogether 1st opposite party received an amount of ` 5750 as deposit of the connection and two receipts for the same is issued to the complainant. It was agreed by 1st opposite party that the security amount will be returned to the complainant at the time of surrendering the gas connection. The opposite parties failed to deliver cylinders promptly and the quantity of the gas is also not correct considering its price. Hence complainant surrendered the cylinder before 1st opposite party and obtained Ext.A4 receipt. The opposite party’s has not refunded the amount so far and the complainant alleges that it is a deficiency in service of opposite party and the complainant is entitled to get refunded ` 11,500 including the security deposit with interest from 1998. Hence the above complaint is filed. Before going into details it is necessary to answer the question from the outset whether complaint is barred by limitation or not ? Notice was issued to the complainant regarding question of limitation. Complainant examined as PW1 and Ext.A1 to A4 marked. Complainant submits that he availed the gas connection from the opposite parties on 09.04.1998 and subsequently due to bad service the two cylinders and one regulator was surrendered before 1st opposite party. By accepting the regulator and two cylinders 1st opposite party issued Ext.A4 receipt on 25.08.2006 stating that the security amount of ` 5250 together with registration fee of ` 500 will be refunded to the complainant as soon as it is obtained from 2nd opposite party. When the complainant surrendered the gas connection with equipments on 25.08.2006 before the opposite parties the cause of action for the complaint started therefrom. Hence the complaint has to be filed with in two years from the date on which the cause of action started. The complainant filed the complaint only on 01.04.2011, that too without any petition to condone delay. Hence the complaint is hit by period of limitation and is only liable to be dismissed. In the result, the above complaint stands dismissed. No cost. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the Complainant A1. Authorisation letter dated 11.05.2011. A2. Receipt dated 09.04.1998. A3. Receipt dated 30.05.1998. A4. Letter dated 25.09.2006. Exhibits for the opposite party Nil Witness examined for the complainant PW1. Complainant Witness examined for opposite party Nil /forwarded by order/ SENIOR SUPERINTENDENT
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
