19.7.07<br /> Sri.K.Gopalan,President<br /> <br /> <br /> <br /> This is a complaint filed under section 12 of the consumer protection <br /> Act for getting an order directing the opposite parties to refund Rs.5750/- with a sum of Rs.5000/- as compensation and cost of these proceedings.<br /> <br /> The complainant’s case in brief are as follows:- The opposite parties jointly provided gas connection for domestic purposes and supplying gas cylinders for the subscribers, in the name and style of ‘ Koldy Gas’. The opposite parties offered spot connection and regular supply of gas cylinders for its consumers without any delay. When complainant approached the 1st opposite party he was assured that the 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 was irregular as assured by the 1st opposite party. For the last 6 months on filing the complaint complainant was not getting the cylinders in time. ..The complainant who was solely depending upon gas for cooking suffered great hardship and thereby complainant cancelled gas connection on 2.6.2006 and asked to refund the amount. 1st opposite party was not ready to refund the amount and hence this complaint.<br /> Opposite parties served notice. But they were not prepared to come before the Forum. However 2nd opposite party filed version. <br /> The 2nd opposite party contended in the version that the complaint is not maintainable. 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 Indian Ltd. And Rs.100/- to Primary societies through which connection was availed by the consumers and Consumer Fed had got only Rs.150/- As per the agreement M/s.Koldy Petroleum India Ltd. had to provide gas connection to the consumers, But they cheated them by withdrawing from supply. The cooking gas connection documents were issued under their name and style only and they only should be asked to refund. <br /> On the above pleadings the following issues were framed for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Whether the complainant is entitled to get relief as prayed in the complaint?<br /> 3. Relief and costs?<br /> <br /> The evidence consists of the Chief affidavit of complainant and Ext.A1.<br /> Issue Nos.1 to 3:<br /> The complainant availed gas connection from 1sat opposite party. Complainant has stated that he has availed gas connection on payment of Rs.5750/- to 1st opposite party. Ext.A1 receipt for a sum of Rs.5750/- issued by 1st opposite party proves that complainant has remitted the said amount for availing gas connection. Complainant further stated that the supply of gas was irregular and caused much delay in delivery, Since this consumer had been fully depended on gas for her cooking; she suffered much difficulty due to the irregular supply. Complainant also stated in her affidavit that at the time of availing gas connection the opposite parties assured the complainant that the amount will be refunded at any time when cancel the connection. Due to the irregular supply of gas complainant cancelled connection and asked the 1st opposite party to refund the amount. But complainant was not given any amount by 1st opposite party. The 2nd opposite party admitted in version that the supply happened to be irregular. So the complainant cannot be blamed in canceling the connection. Opposite parties are liable to refund the amount after surrendering the equipments. Hence we are of the opinion that the opposite party is liable to refund Rs.5750/- to the complainant on returning the cylinders and regulator.<br /> In the result, the complaint is allowed partly directing the opposite parties to refund Rs.5750/-(Rupees Five thousand Seven hundred and fifty only) to the complainant on surrendering of cylinders and regulator 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 the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1. Reipt No.213 issued by 1st OP amounting Rs.5750/-<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for either side<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Comnsumer Disputes Redressal Forum, Kannur.<br /> <br /> <br />