Sri.K.Gopalan, President<br /> <br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund an amount of Rs/.5750/- together with interest and cost.<br /> <br /> As per the averment in the complaint, the complainant obtained gas connection from the1st opposite party on depositing an amount of Rs.5750/-.Now he is not getting gas, since the opposite parties are not supplying the same. The complainant has no other to go except surrendering the equipments and gets the money back. Complainant surrendered the cylinders and regulator and asked to refund the amount. They did not refund the amount. Hence this compliant.<br /> Notice served to opposite parties but they did not care to appear before the Forum and to file version. Subsequently opposite parties were called absent and set exparte.<br /> The main question to be decided is whether there is any deficiency on the part of the opposite parties and the complainant is entitled for the relief as prayed in the complaint?<br /> The evidence consist of the oral testimony of complainant as PW1 and documents Exts.A1 and A2 marked on the side of the complainant.<br /> <br /> Ext.A1 receipt proves that the complainant had made payment of Rs.5750/- as advance to 1st opposite party. Hence the complainant is a consumer under the opposite parties. Opposite parties are liable to supply gas regularly to consumers. If there is no distribution of gas consumer has no use with the empty cylinder and regulator Complainant adduced evidence that he has surrendered the equipments since there was no supply of gas. Ext.A2 passbook proves that the complainant has surrendered the equipments before 1st opposite party. Complainant cannot be blamed on surrendering the equipments since there is no meaning in keeping the empty cylinder. The amount was not returned by the opposite party though the opposite party is liable to refund the amount when the consumer surrenders the equipments. The complainant herein surrendered the equipments before the 1st opposite party, but the amount was not refunded. There is no justification for non-payment of the advance amount back. Hence we are of the opinion that the opposite parties are liable to pay the amount of Rs.5750/- to the complainant.<br /> <br /> In the result, the complaint is allowed partly directing the opposite party to pay an amount of 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 /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Receipt issued by OP dt.24.2.99<br /> A2.Pass book issued by OP<br /> Exhibits for the oppsite parties; Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties: Nil <br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />