11.7.2008<br /> <br /> Sri.K.Gopalan, President<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- to the complainant.<br /> The cases of the complainant in brief are as follows:-<br /> The complainant availed gas connection from1st opposite party bank through its Neethi store on 20.4.1998.Opposite parties 1 to3 jointly supplied the gas. At the time of taking the gas connection the complainant remitted Rs.500/- as registration fee and Rs.5250/- as security deposit. Opposite parties assured the complainant that the registration fee and security deposit will be refunded at the time when the equipments are returned. 1st opposite party did not distribute the gas regularly. On account of irregular distribution, higher price and decreasing quantity the complainant returned the connection back to opposite party by surrendering the equipments. When the complainant asked to refund the amount 1st opposite party told him that the amount collected from him were sent to the opposite parties 2 and 3 and they are liable for his complaint. Hence this compliant.<br /> Notice served to opposite parties 1 to3 but they were not appeared before the Forum, nor filed version.<br /> The main question to be decided whether there is any deficiency on the part of the opposite party or not.<br /> The evidence consists of the oral testimony of PW1 and Documents Ext.A1 and A2.<br /> Complainant adduced oral evidence that she has availed gas connection from the opposite party. Ext.A1 is payment receipt issued by 1st opposite party for Rs.5750/-. The equipments like cylinders and regulator were surrendered before the 1st opposite party. Ext.A2 certificate issued by the bank proves the surrender of equipments to 1st opposite party. The complainant surrendered the equipments effecting disconnection of gas since she was not getting gas regularly. In higher increase of price and decreasing of weight of gas also alleged against opposite parties. It is understandable that there is no need of equipments if there is no supply of gas we are of the opinion that the opposite parties are liable to refund the amount since the equipments were surrendered. Thus opposite parties are held liable to refund the amount of Rs.5750/- to the complainant.<br /> In the result, the complaint is allowed partly 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 executed order against the opposite parties under the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> <br /> A1. Certificate dt.26.9.07 issued by OP1 for depositing the amount<br /> A2. Certificate dt.1.6.07 issued by OP1<br /> <br /> Exhibits for the opposite parties<br /> Nil<br /> <br /> Witness examined for the complainant<br /> PW1. Complainant<br /> <br /> Witness examined for the opposite parties<br /> Nil<br /> <br /> /forwarded by order/<br /> <br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br />