11/11/2008<br /> Smt.M.D.Jessy, Member<br /> This is a complaint filed under section12 of the consumer Protection Act for getting an order directing the opposite parties to refund Rs.5750/- with interest and cost.<br /> The case of the complainant in brief is as follows: The opposite parties jointly provided gas connection for domestic purposes. The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/-, which will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of the 1st opposite party. Moreover the supplied refilled gas cylinders were of substandard in quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence this complaint.<br /> After receiving notice from the Forum 1st opposite party filed version admitting that the complainant had taken cooking gas connection by giving an amount of Rs.5750/-. But denied that the opposite party had assured that the amount would be refunded at the time of surrendering connection. The 1st opposite party had acted as a franchisee and the amount was handed over to the 2nd opposite party and hence they are not liable to refund the amount and hence the complaint is liable to be dismissed.<br /> On the above pleadings the following issues were raised for consideration:<br /> 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. Relief and cost.<br /> The evidence consists of the oral testimony of complainant as PW1 and documents Exts. . A1 to A3<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/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered. Ext.A1 and A2 are the receipts issued by opposite party the amount paid for gas connection. Ext/A3 is the connection certificate. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus issues 1 to 3 are found in favor of the complainant.<br /> In the result, the complaint is allowed 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 /> APPENDIX<br /> Exhibits for the complainant<br /> A1 & A2.Receipts dt.28.3.98 and29.4.98 issued by OP1<br /> A3.Connection certificate dt.9.7.98 issued by OP<br /> Exhibits for the opposite parties: 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 /> Consumer Disputes Redressal Forum, Kannur<br /> Depatched on<br /> Through post/hand<br />