7.8.08<br /> Smt.K.P.Preethakumari, Member<br /> This complaint is filed under section12 of the consumer protection Act for an order directing the opposite parties to pay to the complainant a sum of Rs.5250/- as deposit and pay Rs.10, 000/- towards compensation and cost.<br /> Complainant contended that the opposite parties were made assurance that they will supply gas at a price less than the price charging by the petroleum companies under the government of India and will regularly supply the gas without any interruption and can surrender the connection at any time if the consumers do not like to continue and will be paid the deposit amount as and when the consumers surrender the cylinders and regulator. Believing that the complainant had availed a gas connection. But the supply of gas was irregular and the price was excessively enhanced from time to time and the opposite parties were stopped supply in gas. So the complainant surrendered the connection and demanded for refund. But the opposite parties were not amenable to it. Hence this compliant.<br /> On receiving the notice from the Forum the opposite parties filed their version.<br /> 1st opposite party admits that the complainant had availed gas connection by paying an amount of Rs.5750/-. But contended that the amount was handed over to the 2nd opposite party. The 1st opposite party was acted as a mediator with respect to the gas connection. So the 1st opposite party was arrayed as unnecessary party and hence the compliant is liable to be dismissed.<br /> The 2nd opposite party also filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/-. But contended that they had given amount which is Rs.5500/- to Koldy Petroleum and Rs.100/- to 1st opposite party and Rs.150/-was appropriated by them self. The irregularity in supply was happened only because of the withdrawn of the Koldy Gas from supplying gas and hence they are not liable to refund the amount.<br /> The following points are raised for consideration:<br /> 1. Whether there is any deficiency in service on the part of the opposite parties?<br /> 2. Relief and cost.<br /> <br /> The evidence consists of the oral testimony of the PW1 and Exts.A1 to A3.<br /> Issue Nos. 1 & 2<br /> The deposition of PW1, Ext.A1 and A2 along with the admission of opposite parties it is evidence that the complainant had availed gas connection by paying an amount of Rs.5750/-/. Both this opposite parties in their version admits that some deficiency is happened in supplying gas in time. More over the Ext.A3 is the disconnection certificate by which the complainant had surrendered the gas connection. But the opposite parties were not refunded the deposit amount. From these it is seen that their is some deficiency in service for which all the opposite parties are jointly and severally liable. Hence we are of the opinion that the complainant is entitled to get refunded the deposit amount of Rs.5750/-.<br /> In the result, the complaint is allowed in part directing the opposite parties to refund the deposit 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, failing which the complainant is at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> <br /> Exhibits for the complainant<br /> <br /> <br /> A1.Connection certificate issued by Ops<br /> A2.Receipt dt.28.4.08 issued by 1st OP<br /> A3.Receipt issued byManager, Neethi store,Anjarakandy Farmers S.C.Bank dt.24.8.08<br /> <br /> <br /> Exhibits for the opposite parties: Nil<br /> <br /> Witness examined for the complainant<br /> PW1.Complainant<br /> <br /> Witness examined for the opposite parties: Nil<br /> /forwarded by order/<br /> <br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />