DOF.27.12.2011

DOO.03.03.2012

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 3^rd    day of  March   2012

C.C.No.392 /2011

C.V.Radha,

Rajina Nivas,

Tavalapparfa,

P.O.Parassinikkadavu 670 563.                             Complainant

1. Secretary,

   Morazha-Kalliasseri Service co.op.Bank,

    P.O. Anchampeedika.

 2. Managing Director,

    Kerala State Co.op. Consumer Federation,               opposite parties

    Gandhi Nagar, Kochi.

3.Manager,

   Koldy Petroleum India Ltd.,

   Moongilamada,

   Vannamada,

   Kozhinhampra, Palakkad

          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 and cost

The case of the complainant in brief is as follows:The opposite parties jointly provided gas connection for domestic purpose. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1^st opposite party he assured that 2^nd opposite party will provide gas connection on deposit of `5750 that will be refunded in the event of termination of the gas connection. Complainant paid `5750 and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1^st opposite party. More over the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1^st opposite party was not ready to refund the amount and hence the complaint.

          On   receiving the complaint, Forum sent notices to opposite parties.

          2^nd  opposite party filed their version contending that  at the time of giving cooking gas connection consumer fed had received `5750 from all the consumers including the complainant in this OP. 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 have supplied two cylinders and one regulator to each consumer. The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd.

          3^rd opposite party filed their version contending that as per agreement between the 3^rd opposite party  and Kerala State  Consumer Federation Ltd. Kochin who is entrusted with the supply of LPG  connection through Neethi stores or  any retail sales outlets of the Kerala State consumer federation Ltd.,3^rd opposite party has performed their part without any default.

          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 proof affidavit of complainant and Exts.A1 & A2 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. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the connection certificate which shows complainant has taken gas connection from opposite party. 1<sup>st</sup> opposite party has admitted that the have received `5750 at the time of giving gas conection.Ext.A2 is the surrendering certificate which shows the complainant has surrendered two cylinders and one regulator to  1^st opposite party. 1^st opposite party promised  to the complainant that complainant can accept the full amount from opposite party when ever  she surrenders the equipments. Hence issues Nos. 1 to 3 are found in favour of complainant

In the light of the available evidence on record it can be seen that there was no regular supply of cooking gas. Hence we are of opinion that there is deficiency in service on the part of opposite parties. Thus opposite parties are liable to refund the amount of `5750 to complainant. Considering the peculiar situation we are not awarding compensation.

                   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.Copy of the connection certificate &Receipts 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.