16.8.08<br /> <br /> K.Gopalan, President<br /> <br /> <br /> This is a com plaint filed under section12 of the consumer protection Act for an order directing the opposite party to refund Rs.5750/- with interest and cost.<br /> <br /> As per the averments in the complaint the complainant has taken gas connection from 1st opposite party Bank in the year 1988. Other opposite parties are Consumer fed and Koldy Petroleum India Ltd. The gas distribution is a joint effort of all the three opposite parties. Complainant paid Rs.5750/- to opposite party at the time of taking gas connection. After sometime the Gas distribution became irregular and the quality and quantity decreased. So the complainant surrendered the equipment before the 1st opposite party and they issued receipt for that. But when asked for refund of money 1st opposite party-Bank told the complainant that the amount was entrusted with opposite parties 2 and 3. Opposite parties did not refund the amount. Hence this complaint.<br /> After receiving complaint Forum sent notice to opposite parties. Opposite parties 1 and 2 filed version and other opposite party not turned up. 2nd opposite party, Consumer Fed filed version contending that complaint is not maintainable le since it is hit by section 69 of co. operative societies Act. The difficulties and hurdles faced by the consumer fed have been elaborately discussed in version filed by them. It is admitted that at the time of giving gas connection complainant has paid Rs.5750/-. But contended that the claim for refund is not allowable.<br /> <br /> On the above pleadings the following issues were framed.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for the remedy as prayed in the complaint?<br /> 3. Relief and cost.<br /> Evidence consists of oral evidence adduced by the complainant as PW1 and documentary evidence Ext.A1 marked on the side of complainant.<br /> Issue Nos.1to 3<br /> It is admitted that the complainant has paid Rs.5750/- at the time when the LPG connection was taken. It is seen at first instance gas was regularly supplied. But supply of gas subsequently becomes irregular. It is true that the opposite parties failed to supply gas uninterruptedly. When gas is not available there is no use in keeping the equipments under such circumstances if complainant happened to surrender the connection she cannot be blamed.<br /> The complainant asked the opposite party to refund the amount that he has paid at the time of availing the gas connection but the opposite party did not make payment. It is the duty of the opposite party to refund the amount at the time of surrendering the equipments. Ext.A1 proves that the complainant has surrendered the cylinders and regulator before the 1st opposite party. Thus there is clear deficiency in service on the part of opposite parties. The complainant is entitled to get the amount of Rs.5750/- refunded. So issues 1 to 3 are answered partly in favour of the complainant,<br /> In the result, the complaint is partly allowed directing the opposite parties to refund an amount of Rs.5750/- (Rupees Five thousand seven hundred and fifty only) to <br /> 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 the consumer protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Receipt dt.31.8.05 issued by1st OP.<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur <br />