3/12/08 Smt.K.P.Preethakumari 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. The complainant’s case is that he had availed gas connection from 1st opposite party by giving an amount of Rs.5750/-. For which the 1st opposite party had issued a receipt bearing No.1391 dt.7.7.99. At the time of availing gas connection the 1st opposite party promised that the deposit amount will be returned back at the time of surrendering the connection. Soon after the connection the refilled gas cylinder were supplied regularly. Later on the supply of refilled gas cylinder became irregular. The supplied gas was of substandard both in quality and quantity. More over the price of the gas was increased inordinately. Because of these reasons the complainant was persuaded to surrender the gas connection. But the opposite parties were not ready to refund the deposited amount. Hence this complaint. After receiving notice from the Forum, the opposite parties filed their version. 1st opposite party in their version admits that the complainant had availed gas connection by giving an amount of Rs.5750/- to the 1st opposite party. But the amount was sent to the account of 2nsd opposite party at the initial stage itself. So all the responsibilities are on the shoulders of 2nd opposite party and hence the complaint against 1st opposite party is liable to be dismissed. 2nd opposite party also filed version admitting that the 2nd opposite party had received Rs.5750/- from the complainant. Out of this amount Rs.5500/- was given to Koldy Petroleum India Ltd., and Rs.100/- to 1st opposite party and 2nd opposite party had appropriated Rs.150/-. The delay in supplying the refilled gas cylinder was due to the withdrawal of Koldy Petroleum India from supplying gas and the 2nd opposite party has no liability to refund the deposited amount and the complaint is liable to be dismissed. On the above pleadings the following issues are raised for consideration. 1.Whether there is any deficiency on the part of opposite parties? 2.Whether the complainant is entitled to any relief? 3. Relief and cost. The evidence in this case consists of Exts.A1 to A3. Issues 1 to 3 The Ext.A1 along with the admission of opposite parties proves that the complainant had availed gas connection by giving an amount of Rs.5750/- was handed over to 2nd opposite party. Ext.A2 is the surrender certificate. The opposite parties admit that they’re caused some delay in supplying the refilled gas cylinder. More over they are not ready to refund the deposit amount of Rs.5750/- even after surrendering the gas connection. So we are of the opinion that there caused some deficiency in supplying refilled gas cylinder for which both the opposite parties are liable for refunding the deposit amount of Rs.5750/- to the complainant and the complainant is entitled to receive the same. 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 at liberty to execute the order against the opposite parties under the provisions of the consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt dt.7.7.99 issued by OP A2.Copy of the letter dt.11.5.07 sent to OP 1 A3. Copy of the letter sent by OP2 dt.30.6.07 Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
