D.O.F. 27.12.2010

                                                                                   D.O.O. 12.05.2011

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 12^th day of May,  2011.

C.C.No.304/2010

M. Prakashan,                                                               

S/o. Krishnan Valakuniyil,

P.O. Prapram, Thalassery Taluk                                     :  Complainant

Kannur District

1.  The Secretary,

     Pinarayi Service Co-operative Bank Ltd.

     P.O. Pinarayi, Thalassery                                          :  Opposite parties         

2.  The Managing Director,

Kerala State Co-operative Consumer Federation          

Gandhi Nagar,   Ernakulam, Cochin – 682 020

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 :  The 2^nd opposite party jointly with Pinarayi 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 ie Pinarayi Service Co-operative Bank.  So complainant made request to repay deposit amount before Secretary, Pinarayi 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 to opposite parties. 

2^nd Opposite party sent their version as follows : At the time of giving cooking gas connection Consumerfed had received 5750 from all the consumers including the complainant in this opposite party.    Out of this amount ` 5,500 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 supplied two cylinders and one regulator to each consumers.  The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd.  They further admit that some delay was caused in supplying refilled gas cylinders which was caused not because of any default committed by 2^nd opposite party.

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

1.           Whether there is any deficiency in service on the part of 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 A2 were marked.

Issue No.1

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of ` 5750.  Ext.A1 is the receipt dated 29.11.2010 which shows that complainant paid ` 1000 on 06.01.2000 and ` 4750 on 09.06.2000. Altogether complainant paid ` 5750 for taking cooking gas connection from opposite parties through Pinarayi Service Co-operative Bank.  The distribution of gas connection is a joint effort of all opposite parties.   Complainant was assured by 1^st opposite party that the amount would be refunded when the equipments are returned.  Since the gas distribution became 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 equipments opposite party did not take care to refund the amount.  So there is deficiency of service on the part of opposite party.  Ext.A2 is the surrendering certificate dated 20.04.2011 which shows complainant has surrendered two cylinders and one regulator to 1^st opposite party.  Complainant made request to opposite parties for refund connection fee, but opposite party was not ready to repay full amount.

          Hence we are of opinion that opposite parties are liable to refund    ` 5750 to the complainant.  Hence issue No.1 to 3 are found in favour of 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 this order, failing which the complaint is allowed to execute the order against opposite party under the Provisions of Consumer Protection Act.   Considering the peculiar situation we are avoiding cost and compensation.

          Dated this the 12^th day of May, 2011.

                             Sd/-                      Sd/-          Sd/-

                        President                Member               Member

APPENDIX

Exhibits for the Complainant

A1. Receipt issued by OP dated 29.11.2010.

A2. Receipt issued by OP dated 29.11.2010.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Complainant

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT