CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.273/2018

Dated this the 2^nd day of July 2019.

                     (Smt. Rose Jose, B.Sc, LLB.    Hon’ble      :  President)                                 

                       Sri. Joseph Mathew, MA, LLB                  : Member

                                                                                                          ORDER

Present: Smt.Rose Jose, Hon’ble President.          

This petition is filed by the petitioner Under Section 12 of Consumer Protection Act 1986 for an order directing the opposite party to refund the deposited amount of Rs.5770/- and to pay Rs.5000/- as compensation for his sufferings and hardships due to the non-supply of gas by the opposite parties.

            The case of the petitioner is that he had availed a gas connection on 05.10.98 on payment of Rs.5770/- to the 1^st opposite party.  But now the opposite parties stopped the supply of gas cylinders.  So he want to get the paid amount back.  He approached the opposite parties several times with this demand, but till this time they have not refunded the said amount.  Hence this petition seeking reliefs.

            After filing petition, Forum issued notice to both parties.  First opposite party appeared and filed version.  2^nd opposite party served notice in time but not appeared or filed version.  Hence they set ex-parte.

            1^st opposite party in their version contended that the petitioner had deposited Rs.5750/- with them as fee for L.P.G. gas connection.  On 06.10.98 they have paid the amount to the 2^nd opposite party as per D.D.No.261650 and so they are not liable to refund the amount to the petitioner and hence prayed to dismiss the petition.

            Petitioner filed I.A.59/19 to implead Coldy Petroleum India Ltd the company as supplemental 3^rd opposite party.  I.A. allowed and Coldy gas is impleaded as 3^rd opposite party and they appeared and filed version stating that they have no contractual relation with the petitioner and so he is not a consumer of them.  As per the agreement between them and the 2^nd opposite party they are bound to supply gas cylinder only, to the 2^nd opposite party and they performed their part without any fault.  The 2^nd opposite party is to pay the amount agreed upon between them as connection fee for each domestic connection to them less applicable commission per each connection.

            It is also stated that 2^nd opposite party had invoked  the bank guarantee submitted by them towards security deposit and so all the responsibilities  vested on them as per the agreement  between them and 2^nd opposite party had expired.  Hence there is no deficiency in service on their side as alleged and so they are not liable to refund the amount as prayed for and prayed to dismiss the petition.

            Evidence consists of Affidavit of petitioner and Ext.A1.  Ext.A1 is the deposit receipt issued by 1^st opposite party to the petitioner for the collection of Rs.5770/-for giving gas connection to the petitioner dtd.05.10.98.  The 2^nd opposite party admitted that they had received the amount of Rs.5750/- and on 06.10.98 they had paid the amount to Coldy gas and so Coldy gas who supplied the gas cylinders are liable to refund the amount to the petitioner.  In the version of 3^rd opposite party it is stated that, the agreement for supplying gas cylinders was with them and 2^nd opposite party only.  They have received the connection fee for each domestic cylinder from opposite party.   It is also stated that 2^nd opposite party had invoked the bank guarantee submitted by them towards security deposit so all the responsibilities vested on them as per the agreement between them and the 2^nd opposite party had expired.  But since the 3^rd opposite party had received and appropriated the amount and stopped supply of filled gas cylinders to the consumers, whatever be the reason they are liable to refund the present market price of the cylinders and regulator to the consumers.  Since the petitioner had used the connection of opposite parties for many years during the period of scarcity, we are of the view that he is entitled to get only the market price of the cylinders at present.           

In the result the following order is passed.  The 3^rd opposite party is ordered to pay the present market price of the gas cylinder to the petitioner and Rs.1000/- as cost of the proceedings, within 30 days from the date of receipt of this order.  Petitioner is directed to return the gas cylinders and regulator to the 1^st opposite party and 3^rd opposite party can collect it from there on payment of the ordered amount.

Dated this 2^nd day of July 2019.

Date of filing: 28.09.2018.

                   SD/- MEMBER                                                       SD/- PRESIDENT

APPENDIX

Documents exhibited for the complainant:

A1. The deposit receipt issued by the opposite party dtd.05.10.98.

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant:

Nil

Witness examined for the opposite party:

None

                                                                                                                                                              Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT