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  25^th  day of  February,  2010

C.C.No.308/2009

C.P.Abdulla Hajee,

Varayil House,

Cheriyavalapp,

P.O.Anjarakandy                     :                                               Complainant

1.   The Secretary,

Kunnirikka Service Co-operative Bank,

P.O.Pathiriyad, Kannur Dist.                             :                    Opposite Parties             

      2 .The Managing Director,

Kerala State Co-operative Cosnumer Federation Ltd.,

Gandhi Nagar, Kochi.

.

                                                                        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 Rs.5750/- together with the interest.

As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 1^st Opposite Party Kunnirikka 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 the 1^st Opposite Party that the amount would be refunded when the equipments are returned.  Since the gas distribution became irregular along with the high increase of price of gas, the complainant constrained to surrender the equipments disconnecting the gas connection.  Even after surrendering the equipments Opposite Party did not take care to refund the amount.  Hence this complaint.

After receiving the complaint Forum sent notices to both sides. 2^nd opposite party  appeared and filed their version  contending that at the time of giving cooking gas connection consumerfed had received Rs.5750/- from al the consumers including the complainant in this  case. 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 Petrluem India Ltd. they supplied two cylinders and one regulator to each consumers. The filled cylinders in a periodical manner were also supplied by Koldy  Petorleum India Ltd

The main question to be decided is whether or not there is any deficiency in service on the part of opposite parties?

The evidence consists of oral testimony of the Complainant and Exts.A1 and A2 marked.  The document Ext.A1(a)(and (b) are the receipts issued by 1^st opposite party shows that the complainant  took cooking  gas connection from opposite party by paying Rs.5750/-. Ext.A2  is the surrendering certificate, the complainant has surrendered the equipments and disconnected gas connection since the gas distribution has not been performed by Opposite Parties uninterruptedly.  Incapability of uninterrupted distribution of gas cylinder is a deficiency in service on the part of Opposite Parties.    Hence we are of opinion that Opposite Parties are liable to refund Rs.5750/- for 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 or 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.

President    Member                             Member

            APPENDIX

Exhibits for the complainant

A1.Certificae issued by OP

A2.Receipts issued by OP

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for the opposite parties: Nil

                                                            /forwarded by order/

Senior Superintendent

Consumer Disputes Redressal Forum, Kannur