DOF.28.10.11

DOO.29.12.11

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 29^th    day of  December         2011

C.C.No.325/2011

R.Bharathan,

‘Sangeeth Nivas”,

P.O.Mundalur 670 622.                              Complainant

1. Secretary,

    Mavilayi Service co-op. Bank,

    P.O.Mavilayi 670 622.

2. Managing Director,

    Kerala State Co-op. Consumer                 Opposite parties

    Federation,        

    Gandhi Nagar, Kochi.

          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 `5750 with interest.

As per the averments in the compliant, the complainant has taken cooking gas connection from opposite parties through 1^st opposite party Mavilayi 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 then assured by the 1^st opposite party that the 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 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 remained absent but sent their version. 1^st opposite party neither made appearance nor filed version.

2^nd  opposite party filed their version contending that at the time of giving cooking gas connection consumerfed had received `5750 from all the consumers including the complainant in this O.P. Out of this amount `5500 was given to Koldy Petroleum India Ltd. and `100 to primary societies through which connection was availed and consumerfed itself appropriated `150. As per the agreement   with the Koldy Petroleum India Ltd. they supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd.  2^nd opposite party also submitted that it has suffered heavy loss by venturing in the cooking gas segment and at that time there was undue delay in getting gas connection. But it was done with the sole motive of helping the public of Kerala. 2^nd   opposite party contended that the amount of `5750 was only connection fee and not security deposit. Therefore the claim for refund of the same is baseless. Hence the complainant is not entitled to refund.

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 chief affidavit of complainant and Exts.A1 and A2 marked.

 Issue Nos. 1 to 3

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party/Mavilayi Service Co.Op. Bank by paying an amount of `5750.  Ext.A1 is the receipt which shows that the complainant has paid `5750 to 1^st opposite party on 23.9.98.  As per the averments in the complaint, complainant has taken cooking gas connection from opposite parties through 1^st opposite party Mavilayi SC 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 then assured by 1<sup>st</sup> 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 equipments opposite parties 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<sup>st</sup> opposite party on 25.10.2011. Hence we are of opinion that all opposite parties are jointly and severally liable to refund `5750 to the complainant.

                   In the result, 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 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.Receipt issued by OP

A2.Surrendering certificate 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