Sri.K.Gopalan,President<br /> <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/- with interest and cost. <br /> As per the averment in the complaint, the complainant obtained the gas connection from 1st opposite party - Bank. At the time of taking connection the complainant remitted an amount of Rs.5750/- to the bank. The complainant returned the equipment since he was not in need of the same. When the complainant demanded for the money back the opposite party Bank was ready to pay only Rs.2500/-. Opposite party is liable to refund the whole amount when the equipments are surrendered. But the opposite parties are not ready to return the full amount. This is a cheating on the part of the opposite parties. Hence the complainant prays for an order to refund the amount with interest and cost. <br /> Notices were served to opposite parties but they did not care to appear before the Forum nor filed version. Subsequently opposite parties were called absent and set exparte.<br /> The main point to be considered is whether there is any deficiency in service on the part of the opposite parties and the complainant is entitled for the refund of the amount that he has paid at the time of obtaining the gas connection.<br /> The evidence consists of the oral testimony of complainant as PW1 and Exts.A1 marked on his side.<br /> The complainant obtained gas connection from the opposite parties.Ext.A1 proves that the complainant has obtained gas connection from 1st opposite party. So also it is a document that proves the complainant surrendered equipments before opposite party. Though the complainant demanded for money the opposite parties did not pay the amount. It is the duty of the opposite parties to refund the amount when the cylinders and regulator are surrendered to opposite parties. The complainant was offered an amount of Rs.2500/- only, which was not accepted by the complainant. The consumers are giving connection on making payment of Rs.5750/- on condition that the amount will be returned at the time, when the equipments are surrendered. The complainant herein surrendered the equipments but the money was not returned. We are of the opinion that the opposite parties are liable to return the amount of Rs.5750/-. Hence opposite parties are held liable to pay a sum of Rs.5750/- to complainant.<br /> In the result, the complaint is allowed partly directing the opposite parties to pay a sum 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 /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1. Copy of the certificate dt.3.6.08 issued by OP1.<br /> <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 /> <br /> /forwarded by order/<br /> <br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br />