15/7/2008<br /> Sri.K.Gopalan,President<br /> <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.6750/- and the cost.<br /> As per the averments in the complaint, the complainant availed gas connection from 1st opposite party on 22.2.1999. Opposite parties 2 and 3 are supplying gas to 1st opposite party. At the time of taking the gas the complainant paid an amount of Rs.500/- as registration fee and Rs.6750/- as security deposit. 1st opposite party assured the complainant that the amount paid will be refunded at the time when the connection is surrendered. 1st opposite party did not supply the gas regularly. The supplied gas also not maintained its standard with respect to the quality and quantity. When it was brought to the notice of 1st opposite party he was told that opposite parties 2 and 3 are responsible for the same. Complainant surrendered the equipments due to above mentioned reasons. When asked to refund the amount complainant was told that the amounts collected were sent to opposite parties 2 and 3 in the initial stage itself. Hence this complaint.<br /> Notice was served to opposite parties and acknowledgement returned. But they were not appeared before the Forum nor cared to file version. <br /> The main question to be decided is whether there is any deficiency in service on the part of the opposite parties or not.<br /> The complainant adduced evidence that she has availed gas connection from opposite parties and later surrendered the equipments to 1st opposite party.Ext.A1 proves that the equipments were surrendered. PW1 deposed that the supply of gas became irregular and price of the commodity increased on the one side and weight of the gas decreased on the other. It is informed that there is no use with the empty cylinders if the gas is not supplied. In such circumstances the complainant has no other way except to surrender the equipments. Ext.A1 shows that the equipments are surrendered before 1st opposite party. The 1st opposite party is usually giving gas connection to consumers by receiving Rs.500/- as registration fee and Rs.5250/- as security deposit. Hence we are of the opinion that the opposite parties are liable to refund the amount of Rs.5750/- to the complainant.<br /> In the result, the complaint is allowed in part directing the opposite parties to refund an 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 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 /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Receipt dt.16.9.06 issued by OP1 for receiving regulator and cylinders<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 /> <br />