DOF.29.12.10

DOO.21.02.11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Prethakumari:  Member

Smt.M.D.Jessy:               Member

Dated this, the 21^st   day of February  2011

C.C.No.309 /2010

D.Sudarma,

‘Sruthi’,

Moonnuperiya,

P.O. Mundalur,                                                     Complainant

1. Secretary,

    Mavilayi  Service co-op. Bank,

    P.O. Mavilayi.

 2.Managing Director,

    Kerala State Co-op. Consumer Federation,        Opposite parties

    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 together with interest.

The case of the complainant in brief is as follows: the 2^nd opposite party jointly with Mavilayi Service co. operative Bank provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders. But there was no due supply of cooking gas and committed gross defect in performing the part of the contract. The said payment was made through agent of opposite party i.e. Mavilayi Service co. operative Bank. So complainant made request to repay deposit amount before Secretary, Mavilayi Service co. operative Bank. But opposite party were not ready to repay the amount. Hence the complainant cancelled the gas connection and asked for refund of the amount and hence the complaint.

          On receiving the complaint Forum sent notices were issued to opposite parties. Opposite parties not appeared and filed their version. Subsequently they called absent and set exparte.

          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 oral testimony of the complainant and Ext.A1 to A4 marked.

 Issue Nos. 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/-. Ext.A1 is the receipt which shows that the complainant has paid `500 on 11.4.1998 and Ext.A2 is the receipt which shows tht the complainant has paid `5250 on 24.4.1998. Altogether complainant has paid `5750 for taking 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 the opposite parties. Complainant was assured by 1st 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 equipment opposite party did not take care to refund the amount. So there is deficiency of service on the part of opposite party. Ext.A4 is the surrendering certificate which shows complainant has surrendered two cylinders and one regulator to 1^st opposite party on 18.6.07.Ext.A3 is the notice dated 7.5.07, which  shows  complainant  sent notice to 1^st opposite party requesting for  cancellation  of gas connection and refund of connection fee. Complainant made request to opposite parties for refund  connection fee, but opposite party was not ready to repay  full amount.   Hence we are of opinions that opposite parties are liable to refund `5750 to complainant. Hence issues 1 to 3 are found in favour of 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 & A2.Receipts issued by OP

A3.   Copy of the letter dt.7.5.07 sent to OP

A4.    Copy of the certificate issued by IOP dt.18.6.07.

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for either side: Nil

 /forwarded by order/

                                                                             Senior Superintendent                                              

Consumer Disputes Redressal Forum,Kannur.