Sri.K. GOPALAN : PRESIDENT<br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund an amount of Rs 5750/- remitted by the complainant.<br /> As per the averments in the complaint, complainant took gas connection from the Ist opposite party on 6.4.98. Opposite parties 2 & 3 were supplying gas through opposite party NO.1 by its Neethi Store. AT the time of taking connection complainant paid a sum of Rs 500/- as registration fee and Rs 5250/- as security deposit. The first opposite party assured the complainant to refund the amount when the gas connection happened to be stopped. The supply of gas later on became irregular, diminished in quality and quantity. It was complained to the first opposite party. The Ist opposite party told the complainant that opposite parties 2 & 3 are responsible for this. Because of these reasons complainant returned the gas connection by surrendering cylinders and regulator to Ist opposite party on 11.1.2008. The complainant then demanded for money. But first opposite party was not ready to refund the amount saying that the amount collected from the complainant was sent to opposite party 2 & 3. Thus the opposite parties are liable to refund the amount. Hence this complaint.<br /> Notices were served to opposiite parties 1 to 3 and acknowledgement received. But opposite parties were not taken interest to appear before theForum not to file version.The opposite parties 1 to 3 set exparte since they were called absent.<br /> The main point to be decided is whether the complainant is entitled to the relief as prayed in the complaint or not?<br /> The evidence consists of oral evidence of PW1 and Exts. A1 to A3 .<br /> The complainant took gas connection from the opposite party. Exts. A1 to A3 proves that the complainant is a consumer and she has taken gas connection from the opposite party. Usually the connection certificate is issued on receiving Rs 5750/-. Ext. A3 is the connection certificate issued by opposite party NO.3, Koldy Petroleum India Ltd. PW1, the complainant , also adduced evidence to the effect that she has paid Rs 500/- as registration fee and Rs 5250/- as security deposit. From the available evidence it can be seen that supply of gas become irregular. If the gas supply is irregular , complainant has no other go except surrendering the equipments so as to get her money back. Therefore the complainant is entitled to get the amount refunded l on surrenderin g the equipments. Ext. A2 receipt issued by opposite party No.1 shows that the equipments were surrendered by the complainant before opposite party NO.1. Hence we are of opinion that the opposite parties are liable to refund an amount of Rs 5750/- to the complainant. <br /> In the result, complaint is allowed partly directing the opposite party to pay a sum of Rs 5750/- to the complainant within one month from the 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/-MEMBER Sd/- MEMBER Sd/- PRESIDENT <br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 6.4.98 issued by the first oppositeparty<br /> A2. Certificate dt. 11.1.2008 issued by the first opposite party<br /> A3. Connection certificate No.5038 issued by the 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 />