Smt. Jessy.M.D.<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/-wih interest and cost of this proceedings.<br /> The case of the complainant in brief are 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 complainant approached the Ist 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 connetion. Complainant paid Rs 5750/- and availed gas connection. But later on the supply of gas happened tobe irregular as against the assurance of the Ist opposite party. For the last 6 months of filing this complaint complainant was not getting the refilled gas cylinders in time. The complainant who was solely depending upon gas for cooking suffered great hardship. Hence the complainant cancelled the gas connection and asked for refund of the deposit amount. The opposite parties were not ready to refund the amount and hence this complaint.<br /> On receiving the complaint notices were issued to the opposite parties and all the opposite parties appeared and filed version.<br /> Opposite party no.1 had filed version admitting that the complainant had availed gas connection by paying an amount of Rs 5750/- and some deficiency were occurred in supplying gas and the gas supplied were of substandard quality and quantity. But for this, only opposite parties 2 and 3 were responsible because opposite party no.1 was cited only as an agent . So if any liability is noticed the opposite parties 2 and 3 were only liable for the same.<br /> 2nd opposite party filed their version contending that opposite party is established under co.op: 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 primary societies through which connection was availed and consumerfed itself appropriated Rs 150/-<br /> Opposite party no.3 also filed version contending that the amount was deposited with the first opposite party and has no liability to return the amount since there was no contract between the complainant. As per the agreement between opposite parties 2 & 3, this opposite party supplied LPG connection and hence performed their part without any default and hence prayer against opposite party no.3 may be dismissed.<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 Exts.A1 and A2.<br /> ISSUE Nos. 1 to 3. <br /> The complainant has stated in the complaint that he has availed gas connection from Ist 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. Ext. A1 receipt issued by Ist opposite party proves that the complainant has taken gas connection from opposite parties. Complainant stated that the 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 Ist opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. Ext. A1 and A2 proves that complainant paid Rs 5750/- at the time of availing gas connection. Ext.A2 is the surrender certificate which shows that the complainant had surrendered two cylinders and one regulator to Ist opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complaint.<br /> 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.<br /> <br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 19.9.98 issued by the first oppositeparty<br /> A2. Receipt dt. 22.8.2006 issued by the first opposite party<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br /> <br /> <br /> <br />