11.7.08<br /> Sri.K.Gopalan, President<br /> <br /> <br /> <br /> This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite parties to pay a sum of Rs.5750/-.<br /> As per the averments in the complaint the complainant availed gas connection from1st opposite party on 9.11.1998. Gas supplied by the 1st opposite party is a joint effort with opposite parties 2 amnd3. Complainant availed the gas connection through the Neethi stores conducted by 1st opposite party. At the time when connection was availed complainant paid Rs.500/- as registration fee and Rs.5250/- as security amount. The 1st opposite party assured the complainant that the amount will be refunded at the time when the equipments are surrendered. The complainant returned the connection since the opposite parties supplied the gas in less quantity and with high price. Complainant demanded the refund of the amount but 1st opposite party was not ready to refund the amount telling him that the amount collected were sent to opposite parties 2 and 3. Hence this complaint.<br /> Notices were served to opposite parties 1 to 3.But they did not take care to appear before the Forum. 1st opposite party filed version. <br /> 1st opposite party admitted that the complainant has remitted the amount mentioned in the complaint. But they contended that 1st opposite party is not given any advertisement promising to refund the amount to the customer when cylinders and regulator are surrendered. The applicant was aware that the amount will never be returned in any manner. 1st opposite party admitted that the complainant returned the cylinder and regulator to the bank. But it is contended that the amount collected from the complainant were sent to the Account of the 2nd opposite party at the initial stage itself and all the responsibilities are on the shoulders of the 2nd opposite party only. 1st opposite party is an unnecessary party. If any liability is found 2nd opposite party alone is liable to pay the same.<br /> The main question to be decided is whether there is any deficiency in service on<br /> the part of the opposite parties and whether the complainant is entitled to get relief as prayed in the complaint.<br /> The evidence consists of the oral testimony of complainant as PW1 and documents Exts.A1 and A2.<br /> The complainant availed gas connection from the 1st opposite party. 1st opposite party admitted that the equipments were surrendered before him. Complainant returned the equipments due to the price rise and decreased supply in quantity. Complainant also adduced in evidence that it was promised to refund the amount at the time when the equipments are surrendered. Ext.A1 is the receipt issued by 1st opposite party. It shows that he has paid Rs.5750/- for getting gas connection. Ext.A2 is the certificate issued by 1st opposite party which shows that the equipments are surrendered before him on 8.11.2006 hence we are of the opinion that the opposite parties are liable to refund the amount of Rs.5750/- to the complainant.<br /> <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 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 /> <br /> <br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Cash bill dt.9.11.1998 issued by OP1.<br /> A2. Certificate dt.23.6.08 issued by OP1.<br /> <br /> Exhibits for the opposite parties: <br /> Nil<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by Order/<br /> <br /> Senior Superintendent<br /> <br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br /> <br /> <br />