Smt.JESSY. M.D: MEMBER <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 Rs 5750/- with a sum of Rs 5000/- as compensation and cost of this proceedings.<br /> The case of the complainant in brief are as follows: The opposite parties jointly provided gas connection for domestic purposes, and offered spot connection and regular supply of refilled gas cylinders without any delay. When complainant approached the Ist 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 Ist opposite party. For the last 6 months of filing the complaint, complainant was not getting the refilled gas cylinders in time. The complainant who was solely depending upon gas for cooking suffered great hardship. Hence the complainant cancelled the gas connection and asked for refund of the deposit amount. The opposite parties were not ready to refund the amount and hence the complaint. On receiving the complaint notice were issued to the opposite parties and the first opposite party appeared and filed version.<br /> The Ist opposite party filed their version contending that the Ist opposite party has no role regarding gas supply. On 16.6.2000 complainant bought LP gas connection. When he took the gas connection he deposited Rs 4750/- and RS 1000/- he send by D.D. afterwards . Refilled cylinder gas was not distributed regularly. The role of the Ist opposite party is that of post office work. Above all the amount was deposited not in the account of this first opposite party and they issued the same to the 2nd opposite party by way of DD. So this opposite party has no liability to repay the amount and hence the complainant is not a consumer.<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. Relief and cost.<br /> The evidence consists of the oral testimony of PW1 and 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 Ist opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext. A1 receipt issued by Ist opposite party 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 Ist opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. Exts. A1 and A2 proves that complainant paid Rs 5750/- at the time of availing gas connection. Ext. A3 is the surrender certificate which shows that the complainant had surrendered two cylinders and one regulator to Ist opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs 5750 to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant.<br /> In the result 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 Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 16.6.200 issued by the first opposite party<br /> A2. D.D. counterfoil dt. 31.8.99 <br /> A3. Receipt dt. 12.12.2007 issued by the first opposite party<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br /> <br />