D.O.F. 02.04.2012

                                          D.O.O. 11.06.2012

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 11^th day of June,  2012.

C.C.No.104/2012

M.K. Janardhanan Nambiar

‘Ajuna Vihar’

Kovvappad, P.O. Kayaralam,                       :         Complainant

Kannur – 670 602

1.  The Secretary,

     Mayyil Service Co-op. Bank

     P.O. Mayyil, Kannur Dist.

2.  The Managing Director,

     Kerala State Co-op. Consumer

     Federation Ltd., Gandhi Nagar              :         Opposite parties        

     Ernakulam,  Cochin – 682 020

3.  The Manager,

     Koldy Petroleum India,

     Moongilamada, Vannamada,

     Kozhinjampara, Palakkad.

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 :  Complainant has taken cooking gas from opposite party. The opposite parties  provided gas connection for domestic purposes.  The opposite party offered spot connection and regular supply of gas cylinders without any delay.  But there was no regular supply of cooking gas and committed gross defect in performing the terms of the contract.  The said payment was made through agent of opposite party ie Mayyil Service Co-op. Bank Ltd, P.O. Mayyil.  But the supply of gas happened to be irregular.  So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Mayyil Service Co-op. Bank.  But the opposite party were not ready to repay the amount.    Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.

          After receiving the complaint Forum sent notices to opposite parties.  3^rd opposite party sent their version as follows that as per the agreement between 3^rd opposite party and Kerala State Consumer Federation Ltd., Cochin, who is entrusted with the supply of LPG connection through Neethi Stores or any retail sales outlets of the Kerala State Consumer Federation Ltd., Cochin.  3^rd opposite party has performed their part without any default.

          2^nd opposite party send their version as follows.  At the time of giving cooking gas connection Consumerfed has received `5750 from all the consumers including the complainant in this OP.  Out of this amount `5500 has given to Coldy Petroleum has given to Coldy Petroleum India Ltd and `100 to Primary Societies through which connection 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 also supplied by Koldy Petroleum India Ltd.

          On the above pleadings the following issues were raised for consideration.

1.        Whether there is any deficiency of 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 and A3 marked.

Issue 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 that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt  which show that complaint has paid ` 4780 for taking gas connection.  Ext.A2 is also receipt which shows that complainant has paid `1000 for taking gas connection.  Complainant paid `5750 at the time of taking the connection and he was then assured by 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.  Opposite party did not take care to refund the amount.  Hence the complainant filed the complaint.  Ext.A3 is the surrendering certificate which shows that complainant surrendered two cylinders and regulator to 1^st opposite party.  Here all opposite parties are jointly and severely liable to refund `5750 to the complainant.

          In the result, the 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 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.  Customer’s record slip of Syndicate Bank.

A2.  Customer’s record slip of Syndicate Bank.

A3.  Certificate from 1^st OP.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                           /forwarded by order/

                                                                     SENIOR SUPERINTENDENT