DOF.19.7.10 DOO.24.2.11 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 24th day of February 2011 C.C.No.181 /2010 K.M.Sreemathi, ‘Rashmi’, Adoor, P.O.Kadachir, Kannur Dist. 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 Sri.K.Gopalan, President This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund `5750 with compensation and cost. The case of the complainant in brief is as follows:- The complainant availed cooking gas connection from 1st opposite party on 25.9.1996 on payment of `5750/-. 1st opposite party distributed the gas supplied by 2nd opposite party. 2nd opposite party done the entire business of distribution of cooking gas through 1st opposite party. At the time of receiving the amount 1st opposite party promised that the amount paid by the complainant will be returned when the equipments are surrendered by disconnecting the cooking gas connection. Opposite parties later on did not distribute the gas cylinders in time. Moreover the supplied cooking gas did not bear the quality and quantity as promised by the opposite parties. When it was complained to 1st opposite party complainant was told that it is 2nd opposite party who is actually supplying the cooking gas and they are responsible for the same. Hence the complainant demanded to refund the amount `5750 by returning the equipments before 1st opposite party. But 1st opposite party was not ready to refund the amount stating the reason that the amount collected from the complainant had been remitted to 2nd opposite party. Opposite parties 1 and 2 are liable to refund the amount. Though complainant approached opposite parties several time the amount was not refunded. Hence this complaint. Though Forum send notice to opposite parties they were not entered appearance. The main point to the decided is whether the opposite parties are liable to refund the amount paid by the complainant or not? Complainant availed gas connection from opposite parties. Ext.A2 reveals that complainant has paid `5750 for gas connection. So also Ext.A2 reveals that 1st opposite party has received back the equipments viz. two cylinders and one regulator. Hence it is clear that the complainant has surrendered the equipments before 1st opposite party. Since there is no serious defense on the part of opposite parties, there is no justification in keeping the amount paid by the complaint even after disconnection of cooking gas connection on surrendering of equipments. Hence we find that the opposite parties are liable to refund `5750. Considering the social commitment of the opposite parties we are not allowing cost and compensation. Complainant is entitled to get the amount of `5750 paid by 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 & A2.Receipts issued by OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum,Kannur.
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
