Smt.JESSY.M.D. MEMBER<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund Rs 5750/- with interest and cost.<br /> The case of the complainant in brief is as follows:- The opposite parties jointly provided gas connection for domestic purposes and offered spot connection and regular supply of refilled gas cylinders without any delay. When the complainant approached the first opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs 5750/- which 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 the first opposite party. Moreover the supplied refilled gas cylinders were of substandard both in quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. First opposite party was not ready to refund the amount and hence the complaint.<br /> On receiving the complaint notices were issued to the opposite parties and the 2nd opposite party filed their version admitting that opposite party is established under Co-operative Societies Act, hence the dispute stated in the complaint would not fall under the jurisdiction . At the time of giving cooking gas connection Consumerfed had received Rs 5750/- from all consumers including the complainant in this O.P, out of this amount Rs 5500/- was given to Koldy Petroleum India Ltd and Rs 100/-to first opposite party through which connection was availed and Consumerfed itself appropriated Rs 150/-.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency in service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for remedy as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence consists of chief affidavit of complainant and Exts. A1 to A3.<br /> ISSUE Nos. 1 to 3: The complainant has stated in the complaint that she has availed gas connection from the first opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Exts. A1 is the connection certificate and Ext. A2 is the receipt which shows that she had paid Rs 5750/- to the first opposite party. Complainant stated that opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to first opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. So we are of the opinion that opposite parties 1 to 3 are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant.<br /> In the result complaint is allowed in part 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.<br /> <br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Connection certificate issued by the opposite party<br /> A2. Certificate dt. 4.8.08 issued by the first opposite party.<br /> A3. Certificate dt. 21.3.2006 issued by the first opposite party<br /> <br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant-Nil<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br />