1.9.08<br /> K.P.Preethakumari, Member<br /> This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with interest and cost.<br /> The complaint’s case is that she had availed gas connection from the 1st opposite party and the gas had been supplied by the 2nd and 3rd opposite parties as a joint venture. She had availed gas connection by paying an amount of Rs.5750/- with a stipulation that the above said amount will be refunded on the event of surrendering gas connection. But later the gas supply becomes irregular and the supplied gas was of substandard quality and quantity. Because of this she had surrendered the gas connection and demanded for the amount of Rs.5750/-. But they were not willing to refund the same. Hence this complaint.<br /> On receiving the notice from the Forum, 2nd opposite party had filed version admitting that the complainant had availed gas connection by paying Rs.5750/- out of which Rs.5500/- was given to 3rd opposite party and Rs.100/- tothe1st opposite party and Rs.150/- was appropriated itself. Some delay was caused in supplying the gas, which was solely due to the withdrawal of 3rd opposite party who was supplying gas to the consumers and hence if any liability is found, 3rd opposite party is responsible for the same and the complaint is liable to be dismissed.<br /> On the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Relief and cost.<br /> The evidence consists of the chief affidavit filed in lieu of chief examination and Ext.A1 and A2.<br /> Issues 1 & 2<br /> The Ext.A1 along with the admission of opposite parties proves that the complainant had availed gas connection by paying an amount of Rs.5750/-. The opposite parties admit that some delay was caused in supplying the gas and hence we are of the opinion that some deficiency on the part of the opposite parties for which they are jointly and severally liable. So the complainant is entitled to get Rs.5750/-.<br /> In the result, the complaint is allowed in part 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 at liberty to execute the order against the opposite parties under the provisions of consumer protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.A1.Connection certificate issued by OP<br /> A2.Receipt dt.12.2.07 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 />