17.7.2008<br /> Sri.K.Gopalan,President<br /> <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 an amount of Rs.5750/- with 14% interest.<br /> The cases of the complainant in brief are as follows:-<br /> The complainant availed gas connection from1st opposite party on 22.2.1999. Opposite parties 2 and 3 jointly supplied gas to 1st opposite party. 1st opposite party has supplied the gas through Neethi Store to consumers. At the time of taking gas connection the complainant remitted Rs.500/- as registration fee and Rs.5250/- as security deposit. 1st opposite party assured that the amount paid will be refunded when the equipments are surrendered. Opposite party has not distributed gas regularly. The distributed gas did not maintain the quality and quantity as per the prescribed standard. When it was complained to 1st opposite party his explanation was that the opposite parties 2 and 3 are responsible for this. Complainant surrendered gas connection because of the above said reason and asked to refund the amount. But the amount was not refunded but told the complainant that the amount collected from him was sent to opposite parties 2 and 3. Hence this complaint.<br /> Notices served to opposite parties 1 and 3. But they did not appear before the Forum.<br /> 2nd Opposite party filed 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 proportion.<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. Reliefs and costs.<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 he has availed gas connection from 1st opposite party by paying an amount of Rs.5750/- on 22.2.1999. The complainant was assured that the amount will be refunded at the time the gas connection surrendered. Ext.A1 connection certificate issued by Koldy Petroleum India Ltd. 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 opposite parties 2 and 3 are responsible for those troubles. It may be true that it is through 1st opposite party consumers are connected with other opposite parties. It proves the regulator and cylinders are surrendered before 1st opposite party. When equipments are surrendered it is the duty of the opposite parties to return the amount to the consumers . Opposite parties are liable to refund the amount to complainant. Hence we are of the opinion that the opposite parties are liable to refund Rs.5750/- to the complainant. Ordered accordingly.<br /> In the result, the complaint is allowed directing the opposite parties to refund Rs.5750/- 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.Connection certificate issued by OP<br /> A2.Receipt dt.28.5.07 issued by OP1 for accepting cylinders and regulator.<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 /> Consumer Disputes Redressal Forum, Kannur.<br />