5.8.08<br /> Smt.M.D.Jessy, Member<br /> <br /> This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- with interest and cost. <br /> <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 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5250/- and Rs.500/- as registration charge 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 first opposite party. More over the gas supplied by the opposite parties was substandard both in quality and quantity. 1st Opposite party represented the complainant that the opposite parties 2 and 3 are liable for this. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st Opposite party was not ready to refund the amount and hence the complaint.<br /> The 2nd opposite party filed their version contending that the Consumer fed has suffered heavy loss by venturing in the cooking gas segment at a time there was undue delay in getting gas connection. 2nd opposite party contended that it is not correct to say that Rs.500/- paid by the complainant as registration fee and the balance of Rs.5250/- as security deposit. In fact an amount of Rs.5750/- was connection fee only. Therefore the claim for refund of the same in the pretext of security deposit is baseless. The averment that the gas supplied is of inferior quality and of lesser weight than envisaged is totally baseless and is denied. The connection fee cannot be considered as a charge for service rendered to the consumers and if at all refund is essential it is to be only proportional.<br /> <br /> On the above pleadings the following issues were raised for consideration:<br /> <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 /> <br /> The evidence consists of the chief affidavit of complainant and Ext.A1 and A2.<br /> Issue Nos.1 to 3<br /> The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of Rs5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 connection certificate issued by 1st opposite party proves that the complainant has taken gas connection from opposite parties. 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 1st opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. Ext. A2 marked as surrendering certificate, returned two Neethi gas cylinders and one regulator to 1st opposite party. It may be true that it is through 1st opposite party consumers are connected with other opposite parties. 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 favor of the complainant.<br /> In the result, the 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 /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1. Connection Certificate dt.22.2.99.<br /> A2. Receipt dt.29.3.07 issued by 1st OP<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for either side<br /> Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br /> <br />