Smt. Jessy .M.D: MEMBER <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/- with interest and cost.<br /> The case of the complainant in brief is as follows: The opposite parties were jointly provided gas connection for domestic purposes. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached first 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 connection. Complainant paid 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 happened to be irregular as against the assurance of the Ist opposite party. Moreover the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. First opposite party was not ready to refund the amount and hence the complaint.<br /> On receiving the complaint notices were issued to the opposite parties but they were not cared even to appear before the Forum.<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 /> Exts. A1 to A8 marked.<br /> Issue Nos. 1 to 3:<br /> The complainant has stated in the complaint that he has availed gas connection from first opposite party by paying an amount of R 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext. A1 is the receipt Rs 500/- paid by the complainant to Chirakal Service Co.op: Bank. Ext. A2 is the receipt that the complainant paid Rs 5250/- to the Chirakal Service Co.op: Bank. Ext. A6 is the surrendering certificate. 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 first opposite party his explanation was that 2nd opposite party is responsible for those troubles. Ext. A6 shows that complainant had surrendered two cylinders and one regulator to first 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 complainant.<br /> In the result, complaint is allowed direting 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 Protetion Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT <br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt.30.3.98 issued by the first opposite party<br /> A2. Receipt dt. 23.4.98 issued by the first opposite party<br /> A3. Copy of the letter dt. 10.2.2007 sent to the opposite party<br /> A4. Copy of the letter dt. 15.3.2996 sent to the opposite party<br /> A5. Photo copy of the letter dt. 15.2.07 sent by the 2nd opposite party<br /> A6.Receipt dt. 15.9.06 issued by the first opposite party.<br /> A7. Postal acknowldgement dt. 8.2.07.<br /> A8. Postal receipt dt. 6.2.07. <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 />