7.11.2008<br /> K.P.Preethakumari, Member<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/- with interest and cost.<br /> The complainant’s case is that he had availed gas connection having consumer number 56435 from 1st opposite party by paying an amount of Rs.5750/- on 23.10.1998 with a stipulation that the deposited amount will be retuned back at the time of surrendering the gas connection. But the complainant had surrendered the gas connection on 10.5.2006 and demanded for deposited amount. But the opposite parties were not ready to refund the amount and hence this complaint.<br /> In pursuance of the notice issued by the Forum both the opposite parties were filed their version. 1st opposite party filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/-. But contended that the above amount was handed over to 2nd opposite party and hence they have no liability to refund the amount and hence the complaint against 1st opposite party is liable to be dismissed.<br /> 2nd opposite party also filed version admitting that complainant had availed gas connection by paying an amount of Rs.5750/- and that amount was handed over to them. Out of which Rs.5500/- was paid to the Koldy Petroleum and Rs.100/- to 1st opposite party and Rs.150/- was appropriated by2nd opposite party. The delay was not because of any deficiency on their part and hence 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 opposite parties?<br /> 2. Whether the complainant is entitled to get any relief?<br /> 3. Relief and cost.<br /> The evidence in the above case consists of the oral testimony of PW1 and Ext.A1 and A2.<br /> Issue Nos. 1 to 3<br /> The admission of opposite parties along with Ext.A1 proves that the complainant had availed gas connection. Ext.A2 is the surrender certificate. The opposite parties were not refunded the amount as promised. So we are of the opinion that some deficiency was caused and for which both opposite parties are jointly and severally liable and the complainant is entitled to get refund the amount of 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) 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 <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1 Receipt dt.23.10.98 issued by OP1<br /> A2. Certificate dt.25.4.08 issued by OP2.<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties: Nil<br /> /forwarded by order/<br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> Despatched on<br /> Through Post/hand<br />