DOF.14.11.12 DOO.19.01.13 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 19th day of January 2013 C.C.No.370 /2012 Santhosh Kumar.T.V, Kizhakkey Veettil, P.O.Mayyil 670 602. Complainant 1. Secretary, Mayyil Service co.op.Bank, P.O.Mayyil. 2. Managing Director, Kerala State Co.op. Consumer Federation, Opposite parties Gandhi Nagar, Kochi. 3. Koldy Petroleum India Ltd. Moongilamada, Vannamada, Kozhinhampara, Palakkad. O R D E R Smt.M.D.Jessy, Member This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to refund `5750 received from the complainant. The case of the complainant in brief is as follows: Complainant availed gas connection from opposite parties paying an amount of `5750, opposite parties promised to refund the amount at the time of cancelling the connection. Opposite parties failed to distribute the gas satisfactorily. Hence the complainant cancelled the connection and returned the equipments demanding `5750 to be refunded. But opposite parties did not refund the amount. Hence this complaint. On receiving notice opposite parties 2 and 3 sent version but remained absent. 1st opposite party neither made appearance nor sent reply. 2nd opposite party Kerala State co-operative Consumer Federation in its version admitted the case of the complainant but pleaded that the unfortunate event of disturbing the distribution of gas had been taken place since 3rd opposite party ( Koldy Petroleum (India) Ltd abruptly stopped supplying filled cylinders. Hence M/s.Koldy Petroleum has to be penalized and should be asked to refund the amount. 3rd opposite party /Koldy petroleum(India) Ltd. Filed version contending that 3rd opposite party has performed their part of the contract without fail. 3rd opposite party has not offered any service to the complainant. Hence there is no question of deficiency on the part of 3rd opposite party. It is informed that 2nd opposite party have invoked the bank guarantee submitted by 3rd opposite party towards security deposit. Hence all the responsibilities vested on them on the agreement is expired. Hence dismiss the complaint against them. On the above pleadings the following issues have been taken for consideration. 1. Whether there is any deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for the relief? 3. Relief and cost. The evidence consists of the chief affidavit of complainant and Ext.A1 to A3. Issues 1 to 3 Admittedly complainant availed gas connection from the opposite parties on payment of `5750. complainant’s case is that while availing the gas connection the opposite parties promised to refund the amount paid by him incase the equipments is surrendered on disconnection. But opposite party did not refund the amount when complainant surrendered the equipments. Ext.A1 goes to show that the complainant has paid `5750 while availing conection.Ext.A2 is the receipt issued by 1st opposite party on surrender of equipment after disconnection. It shows complainant has surrendered two cylinders and one regulator. Ext.A3 is the LPG Consumer Book issued by 2nd opposite party. The evidence goes to show that opposite parties 2 and 3 are liable to refund the amount paid by complainant at the time of availing gas connection since the equipments had surrendered by complainant. Hence there is no doubt the non-refund of the deposit amount `5750 to complainant is a deficiency in service on the part of opposite parties 2 and 3. Considering the peculiar situation that has been existing in connection with the subject mater we are of opinion that opposite parties 2 and 3 are liable to refund the amount `5750. We are not awarding compensation and cost taking in to account the situation. Thus issues 1 to 3 are answered 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/- President Member APPENDIX Exhibits for the complainant A1. Receipt issued by OP A2. Surrender Certificate issued by OP A3. Consumer book issued by OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent | 
