Smt.PREETHAKUMARI. K.P : MEMBER <br /> <br /> This is a complaint filed under Section12 of the Consumer Protection Act for an order directing the opposite parties to refund Rs 5750/- with interest and cost.<br /> The complainant’s case is that he had availed gas connection from the first opposite party and gas was supplied by the 2nd and 3rd opposite parties as a joint venture. At the time of availing gas connection the complainant had paid Rs 500/- as registration charge and Rs 5250/- as security deposit to opposite party no.1 with an assurance that the deposited amount will be returned at the time of surrendering the gas connection. Later on there caused some delay in supplying refilled gas cylinder and the gas supplied was of substandard in quality and quantity. The first opposite party told the complainant that the opposite parties 2 & 3 were responsible for this, when he had made a complaint before him. So the complainant had surrendered the gas connection and demanded for the deposit amount of Rs 5750/-. But they are not willing to refund the same. Hence this complaint.<br /> On receiving the complaint, notices were issued to the opposite parties and opposite parties 1 & 2 filed their version.<br /> Opposite party no.1 filed version admitting that the complainant had availed gas connection by giving an amount of Rs 5750/- But contended that the above said amount was handed over to the 2nd opposite party and hence the first opposite party was acted only as an agent of opposite parties 2 & 3 and had no liability to refund the amount.<br /> Opposite party no.2 also filed version admitting that the complainant had availed gas connection by giving an amount of Rs 5750/-. Out of this RS 5500/- was given to the opposite party no.3 and RS 100/- to opposite party no.1 and appropriated Rs 150/- by itself. Moreover the deficiency was caused due to the withdrawal of opposite party no.3 from supplying gas and hence opposite party no.3 has to be penalized for the deficiency.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Relief and cost.<br /> The evidence in this case consists of the Exts. A1 to A3.<br /> ISSUES 1 & 2: <br /> The opposite parties admits that the complainant had availed gas connection by giving an amount of Rs 5750/-. They further admits that some deficiency was caused in supplying the refilled gas due to the withdrawal of opposite party no.3. Hence we are of the opinion that all opposite parties are jointly and severally liable to refund the deposit amount of Rs 5750/- to the complainant. Issues are answered accordingly.<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 within one month from the date of receipt of this order , failing which the complainant is at liberty to execute the order under the provisions of Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 22.2.2001 issued by the first opposite party<br /> A2. Copy of the lawyer notice sent to the opposite party<br /> A3. Letter dt. 9.1.2007 sent by the Ist opposite party.<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 /> <br /> v