N.Noushad,Beythul Noor, Kappad,P.O.Kappad
...........Appellant(s)
Vs.

1.Secretary, Kappad Service co.op.Bank,p.O.Kappad

2.M.d.KSCF,Gandhi Nagar, Kochi

3.Manager, Koldy Petroleum India, Kozhinhampara, Palakkad

2. Managing Director, Kerala State Coop Consumer Federation Ltd., Gandhi Nagar, Kochi -682020.

3. Koldy Petorlium India Ltd., Moongilamada, Vannamada, Kozhinchampara, Palakkad.
...........Respondent(s)

BEFORE:
1. GOPALAN.K
2. JESSY.M.D
3. PREETHAKUMARI.K.P


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):

ORDER

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 27th day of January 2010

C.C.No.205/2009
N.Noushad,

S/o.Muhammad kunhi,

BaithulNoor,

Kappad, P.O.Kappad. Complainant

1. Secretary,

Kappad Service co.op.Bank,

P.O.Kappad. Kannur.

2. Managing Director,

Kerala State Co.op.Consumer Federation, Opposite parties

Gandhi Nagar, Kochi.

3. Manager,

Koldy Petroleum India,

Moongilamada, Vannamada,

Kozhinhampara, 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 Rs.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 regulor supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/- that will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1st opposite party. More over they supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint.

On receiving the complaint, notices were issued to the opposite parties

2nd opposite party filed their version contending that at the time of giving cooking gas connection consumer fed had received Rs.5750/- from all the consumers including the complainant in this case. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd. And Rs.100/- for primary societies through which connection was availed and consumer fed itself appropriated Rs.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 were also supplied by 3rd 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 the opposite parties?

2. Whether the complainant is entitled for remedy as prayed in the complaint?

3. Relief and cost.

The evidence consists of chief affidavit of complainant and Exts.A1 and A2 marked.

Issue Nos. 1 to 3

The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant paid the amount of Rs.5750/- to 1st opposite party. Even though they promised to distribute the gas regularly, they distributed low quality cylinder to complainant and opposite party not distributed the gas regularly to the complainant. So complainant decided to surrender gas cylinder and regulator to the opposite party. The available evidence on record goes to show that the supply of gas cylinder is irregular and the delay caused difficulties to complainant. This amounts to deficiency in service on the part of opposite parties. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt which shows the complainant had paid the amount to opposite party. Ext.A2 is the surrendering certificate which shows the complainant had surrendered two cylinders and one regulator to 1st opposite party under such circumstances that opposite parties are liable to refund the amount of Rs.5750/-. Hence the issues 1 to 3 are found in favour of the complainant.

In the result, complaint is allowed directing the opposite parties to refund Rs.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. Complainant is also directed to surrender two cylinders and one regulator to opposite parties.

consumer case(CC) No. CC/09/93
Cheladan Gopi, S/o Pythal, Keezhoth house, Melur post, Palayad via, Thalassery.
...........Appellant(s)
Vs.

2. Neethi Store, Dharmadam SC bank, Dharmadam post.

1. Koldy gas, Kodly Petrolium India Ltd., Moongilamada, Vannavada, Kozhinchampara, Palakkad.
...........Respondent(s)

BEFORE:
1. GOPALAN.K
2. JESSY.M.D
3. PREETHAKUMARI.K.P

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

OppositeParty/Respondent(s):

OppositeParty/Respondent(s):
ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri.K.Gopalan: President

K.P.Preethakumari: Member

Smt.M.D.Jessy: Member

Dated this, the 2nd day of January, 2010

C.C.No.93/09
Chaladan Gopi,

S/o Pythal,

Keezhoth House : Complainant

P.O.Melur,

Via Palayad,

Thalassery.
Vs.

1. M/s.Koldy Gas,

Koldy Petroleums India Ltd.,

Moongilmada,

Vannamada,

Kozhimjampara, : Opposite Parties

Palakkad.


2. M/s.Neethi Store

Dharmadam Service Co-operative Bank Ltd.,

Dharmadam P.O.- 670 106.


3. The Kerala State Co-operative Consumer Federation Ltd.,

Ernakulam,

Cochin-682020.
O R D E R

Smt. M.D.Jessy, Member

This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to return the advance amount of Rs.5750/- with interest at the rate of 12% and also to pay an amount of Rs.25,000/-.

The case of the Complainant is as follows: The Complainant had taken a cooking gas connection through Neethi Store, Dharmadam Service Co-operative Bank. The Complainant had paid an amount of Rs.5750/- through that Bank. The Opposite Parties agreed to supply cylinder weighing 12 Kg. for an amount of Rs.400/-. But after that the Opposite Parties neither supplied gas cylinder nor returned the amount paid at the time of booking. The Complainant demanded the amount for several occasions. But Opposite Party has not paid the amount. This act of Opposite Parties amounts to deficiency in service.

On receiving the complaint notices were issued to Opposite Parties. The Opposite Party, Consumerfed sent their version admitting that the Complainant had availed gas connection paying Rs.5750/- and the Consumerfed had received Rs.5750/- from all the consumers including the Complainant in the above complaint. Out of this amount Rs.5,500/- was given to Koldy Societies India Ltd. And Rs.100/- to Primary Societies through which connection was availed and Consumerfed itself appropriated Rs.150/-. As per the agreement with the Koldy Petroleum India Ltd., they supplied two cylinders and one regulator to each consumer.

The Opposite Party (Koldy Petroleum India Ltd.) filed their version contenting that they are not liable to refund any amount to the Complainant. The complaint has been filed by the Complainant for getting refund of the amount deposited through Neethi Stores, the retail sales outlet of the Kerala State Consumer Federation Ltd., Cochin. In the absence of my agreement between the complainant and them they are not liable to refund any amount. They have not offered any service to the petitioner and in the absence of any such offer, the question of deficiency of service does not arise.

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

1. Whether there is any deficiency in services on the part of the opposite Parties?
2. Whether the Complainant is entitled for remedy as prayed in the complaint?
3. Relief and cost?

Issue No.1 to 3:

The complainant stated in the complaint that Complainant had availed a gas connection through Neethi Store, Dharmadam Service Co-operative Bank. Ext.A1, connection certificate which shows the complainant has taken gas connection. The complainant had paid an amount of Rs.5750/- through the bank. Ext.A2 Receipt shows that the Complainant had paid the amount to Neethi Store, Dharmadam Service Co-operative Bank. But after that the Opposite Partied has neither supplied gas cylinder nor refunded the amount paid at the time of booking. The complainant demanded the amount for several occasions. But the Opposite Party did not pay the amount. There is no justification for not refunding the amount. The Opposite Parties are liable to refund the amount since they were not able to distribute the gas regularly. The Complainant herein is entitled to get the cylinder with gas but the Opposite parties are failed to deliver. Hence all Opposite Parties are jointly and severally liable to refund Rs.5750/- to the Complainant.

In the result, complaint is allowed directing the Opposite Parties to refund Rs.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.