D.O.F. 09.06.2010

                                          D.O.O. 08.11.2010

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 8^th day of November,  2010

C.C.No.155/2010

Rabiya T.

Thundiyil House, Thannada

P.O. Chala East                                                    :         Complainant

Kannur -670621           

1.  The Secretary,

     Koyyod Service Co-operative Bank

     P.O. Koyyod, Kannur – 670 621                      :         Opposite parties

2.  Kerala State Co-operative Consumer

     Federation Limited,

     Gandhi Nagar, Ernakulam.                             

     Cochin – 682 020

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 :  The opposite parties jointly provided gas connection for domestic purposes.  The opposite parties offered spot connection and regular supply of gas cylinder 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 ` 5750 which will be refunded in the event of termination of the gas connection.  Complainant paid ` 5750 and availed gas connection.  But later on the supply of gas happened to be irregular as against the assurance of the 1^st opposite party.  Moreover they 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.  Opposite party 2 filed their version admitting that the complainant had availed gas connection by paying ` 5750 to the opposite party 1.  But the opposite party 1 was handed over the amount to opposite party 2.  Out of which opposite party 2 had given ` 5500 to opposite party 3, ` 100 to opposite party 1 and opposite party 2 had appropriated ` 150 itself.  They further admits that some delay was caused in supplying refilled gas cylinder, which was caused not because of any default committed by opposite party 2 but due to withdrawal of opposite party 3 from supplying gas and hence if any liability is found only opposite party 3 is liable.

          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 affidavit of PW1 and Ext.A1 and A2.

Issues No.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  ` 5750.  The complainant was assured by 1<sup>st</sup> opposite party that the amount will be refunded when the equipments are returned.  Ext.A1 is the receipt dated 13.04.2010 which shows that complainant has paid total ` 5750 to 1^st opposite party.  On 27.03.1998, ` 500 and on 24.4.1998, ` 5250 altogether ` 5750 paid by the complainant to 1<sup>st</sup> opposite party.  Ext.A1 also shows that complainant returned two cylinders to 1<sup>st</sup> opposite party.  As per the averments in the complaints, the complainant has taken cooking gas connection from opposite parties through opposite party 1 Koyyode Service Co-operative Bank. The distribution of gas connection is a joint effort of all opposite parties.  Complainant paid ` 5750 at the time of taking the connection and he was assured by 1^st opposite party that amount would be returned 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 equipments opposite party did not take care to refund the amount.  So there is deficiency of service on the part of opposite parties.  Ext.A2 is the connection certificate dated 15.06.1998 which shows that complainant has taken gas connection from opposite party 1 on 15.06.1998.  Hence we were of opinion that all opposite parties are jointly and severally liable to refund ` 5750 the complainant.

          In the result, the complaint is allowed directing the opposite parties to pay an amount of ` 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.   Certificate from 1^st OP dated 13.04.2010.

A2.   Connection certificate dated 15.06.1998.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT