<br /> ORDER<br /> Smt.JESSY.M.D: MEMBER <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 5750/- with interest and cost. <br /> The case of the complainant in brief is as follows: The opposite parties 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 the first opposite party he assured that 3rd 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/-and availed gas connectiion. But later on the supply of gas happened to be irregular as against the assurance of the first 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 . Opposite party no.2 filed their version admitting that the complainant had availed gas connection by paying Rs 5750/- to the first opposite party. But the opposite party no.1 was handed over the amount to opposite party no.2. out of which opposite party no.2 had given Rs 5500/- to 3rd opposite party, Rs 100/-to first opposite party and 2nd opposite party had appropriated Rs 150/- itself . They further admits that some delay was caused in supplying refilled gas cylinder, which was caused not because of any default committed by 2nd opposite party but due to withdrawal of 3rd opposite party from supplying gas and hence if any liability is found only 3rd opposite party is liable.<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 /> The evidence consists of affidavit of complainant and Exts.A1 and A2.<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 Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Exhibit A1 is the connection certificate , Ext. A2 is the surrender 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 and 3rd opposite parties are responsible for those troubles. Ext.A2 shows that the complainant had surrendered two cylinders and one regulator to the 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 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 allowed to execute the order against the opposite parties under the provisions of Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Connection certificate issued by the opposite party<br /> A2. Letter dt. 2.6.2007 sent to the 2nd 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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />