8.8.08 Smt.P.Preethakumari, Member This complaint is filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with 12% interest and cost. The complainants case is that he had availed a gas connection from the 2nd opposite party by paying Rs.500/- as registration charge and Rs.5250/- as deposit. Opposite parties is supplying gas as a joint venture to the complainant. The complainant was forced to surrender the cylinder due to inordinate delay and rise in the price of the refilled cylinder. At the time of availing connection, there was a stipulation that the amount of deposit will be returned back at the time of surrendering the connection. As per this the complainant requested to refund the deposit, but the opposite parties were not inclined to do so. Hence this complaint. On receiving the complaint notice were issued to the opposite parties. Opposite parties 1 and 2 were appeared and filed their version. The1st opposite party filed version contending that 2nd opposite party is not a public sector company dealing with petroleum products and hence they had to depend on private companies for buying bulk petroleum gas since the rules prevents M/s.Indian Oil and Hindustan Petroleum from selling bulk amount of gas for parallel marketing. Thus 1st opposite party had entered into a contract with Koldy Petroleum, India Ltd. for supplying filled cooking gas cylinders for delivery to the societies from where consumers availed cooking gas connection. At that time the Consumer fed entered into supply of cooking gas, the price of the bulk gas was more or less than same in public or private sector companies. The subsidy given to the cooking gas by the government of India was restricted only to the public sector companies and such privileges were denied to the consumer Fed. So the consumer Fed was not in a position to supply the gas at the price that of a public sector. So the 3rd opposite party backed out from supplying filled cylinder to the consumer Fed. The 1st opposite party had received Rs.5750/-.Out of which Rs.5500/- was given to 3rd opposite party and Rs.100/- to the 2ndopposite party and Rs.150/- is appropriated by the 1st opposite party. 2nd opposite party also filed version admitting that the complainant had availed gas connection, by giving Rs.5250/- as deposit and Rs.500/- as registration charge. But this opposite party was acted as only an agent to opposite party No.1. And the amount was transferred in the name of 1st opposite party. All the relationship of the complainant regarding the gas connection were with the 1st opposite party and the 2nd opposite party has no liability to refund the amount and hence it is found that the complainant is entitled to any relief as stated in the complaint. The 3rd opposite party is only liable for the same. From the above pleadings the following issues are raised 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 as prayed in the complaint/ 3. Reliefs and cost. The evidence in this case consists of the oral testimony of PW1 and Exts.A1 to A3. The oral testimony of the complainant and Exts.A1 to A3 along with the admission of the opposite parties shows that the complainant had availed gas connection by paying Rs.5750/- to the2nd opposite party. The connection certificate is Ext.A3 was issued by 1st opposite party and 3rd opposite party jointly. Exts.A1 and A2 receipt were issued by 2nd opposite party. The complainant deposed that he had surrendered two cylinders to the 2nd opposite party and requested for refund as promised at the time of availing gas connection, they are not ready to refund the amount. More over value of refilled gas is increased day by day. This shows that there is some deficiency on the part of the opposite parties in this service. Hence we are of the opinion that all the opposite parties are jointly and severally liable to refund the deposited amount to the complainant. In the result, the complaint is allowed in part directing the opposite parties to refund the amount of Rs.5750/- (Rupees Five thousand seven hundred and fifty only} to the complainant within one month from the date of receipt of this order. Otherwise the complainant is at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act. The complainant is also directed to return back the regulator to 2nd opposite party on receipt of such refund. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt dt.25.4.98 issued by OP2. A2.Receipt dt.26.3.98 issued by OP2 A3.Connection certificate dt.25.8.98 issued by Ops. 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
