4/12/08 Smt.M.D.Jessy, Member 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 interest and cost. The case of the complainant in brief is as follows: The opposite parties joitly provided gas connection for domestic purposes, and offered spot connection and regular supply of refilled gas cylinders without any delay. When compainant approached the first oppoiste party he assured that 2nd opposite party will provide gas connection on deposit of Rs 5750/- which will be refunded in the event of terminationof the gas connection . Complainant paid Rs 5750/- and availed gas connection. But later on the supply of gas happened tobe irregular as against the assurance of the first opposite party. For the last 6 months of filing this complaint, complainant was not getting the refilled gas cylinders in time. The complainant who was solely depending upon gas for cooking suffered great hsardship . 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 notices were issued to the opposite parties and 2nd opposite party filed their version admitting that the complainant had availed gas connection by paying Rs 5750/- to the Ist opposite party. But the Ist oppoiste party was handed over the amount to 2nd opposite party. Out of which 2nd opposite party had given RS 5500/- to 3rd opposite party, Rs 100/- to Ist opposite party and 2nd opposite party had appropriated RS 150/- itself. They further admits that some delay was caused in supplying refilled gas cylinder, which was caused not because of any default committed by 2nd opposite party but due to withdrawal of 3rd opposite party from supplying gas and hence if any liability is found only 3rd opposite partyis liable. On the above pleadings the following issues were raised for consideration. Whether there is any deficiency in service on the part of the oposite parties? Whether the complainant is entitled for remedy as prayed in the complaint? Relief and cost. The evidence consist of affidavit of complainant and Ext. A1 and A2. IssueNOs. 1 to 3: The complainant has stated in the complaint that she 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 is the receipt issued by the opposite party proves that the complainant has taken gas connection from opposite parties . Compainant stated that the opposite parties did not suply gas regularly. It is understandable that if there is no suply 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. Ext. A2 is the surrendering certificate which shows that the complainant had surrendered two cylinders and one regulator to Ist opposite party. Hence all the oppoiste parties are jointlyand severallyliable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant. 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 oposite parties under the provisions of Consumer Protection Act Sd/- President Sd/- Member Sd/- Member
APPENDIX Exhibits for the complainant A1.Copy of the receipt issued by OP dt.25.9.98 A2.Receipt dt.12.2.08 issued byOP. Exhibits for the opposite parties: Nil Witness examined for either side Nil /forwarded by order/
SeniorSuperintendent
Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
