19.8.08<br /> Smt.K.P.Preethakumari, Member<br /> <br /> This complaint is filed under section12 of the consumer protection Act, for an order directing the opposite parties to pay Rs.9300/- including the deposit amount of Rs.5750/- ,compensation and cost.<br /> The complaint’s case is that he had availed gas connection from the 1st opposite party b y paying an amount of Rs.5750/- But later on they failed to provide refilled gas cylinder in time as promised and hence the complainant is sustained great mental agony and hardship. Because of this he had surrendered the gas connection and demanded for deposit amount. But the opposite parties were not refunded the amount as assured and hence this complaint.<br /> On receiving the complaint, notices were issued to the opposite parties and 2nd opposite party had appeared and filed their version.<br /> The 2nd opposite party filed version admitting that the complainant had availed gas connection and he deposited Rs.5750-/-. Out of this amount Rs.5500/- were given to Koldy Petroleum India Ltd. and Rs.100/- to 1st opposite party and appropriated Rs.150/- itself. The delay caused in supplying refilled cylinder is not due to any default on their part but due to indifferent attitude of the Koldy Petroleum India Ltd. And hence the Koldy Petroleum is liable for any refund.<br /> On the above pleadings the following issues are framed 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 the relief prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence consists of the oral testimony of PW1 and Exts.A1 and A2.<br /> Issues 1 to 3<br /> The deposition of PW1, Ext.A1 and admission of opposite parties shows that the complainant had availed gas connection and had paid Rs.5750/- as deposit to the 1st opposite party. As per Ext.A2 the complainant had surrendered the gas connection. 2nd opposite party admits that 1st opposite party had paid the amount of Rs. 5750/- to them and the 2nd opposite party had given Rs.100/- to the 1st opposite party. The opposite parties admit that they had failed to supply refilled cylinder within time. So some difficulty was suffered by the complainant due to the act of the opposite parties and hence all the opposite parties are severally and jointly liable for it. Hence we are of the opinion that the complainant is entitled to get refunded the amount of Rs.5750/-<br /> In the result, the complaint is allowed in partly, directing the opposite parties to refund the deposit amount of 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 entitled to take steps for execution under the provisions of Consumer Protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Receipt dt.12.11.98 issued by OP1.<br /> A2.Receipt dt.10.10.06 issued by 1st 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 /> Consumer Disputes Redressal Forum, Kannur<br />