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/- together with interest and cost.<br /> The facts of the case in brief are as follows: The complainant took gas connection from first opposite party on 6.6.98. The first opposite party supplied gas joining with opposite parties 2 & 3. At the time when connection was taken , the complainant paid first opposite party RS 500/- as registration fee and Rs 5250/- as security deposit. It was agreed by the Ist opposite party to refund the amount paid when the equipments are surrendered stopping gas connection. The Ist opposite party did not supply the gas regularly. Quantity and quality could’nt be maintained its standard. When It was complained to Ist opposite party his explanation was that opposite parties 2 & 3 only are responsible for the same. Hence the complainant surrendered equipments before the Ist opposite party and demanded the refund of the amount paid. But Ist opposite party reluctant to pay the amount saying that the amount collected were sent to opposite party 2 & 3. For the reasons stated above opposite parties are jointly and severally liable to refund the amount to complainant. Hence this complaint.<br /> Notices were sent to opposite parties but they did not care to appear before the Forum nor filed the version.<br /> The point to be decided is whether complainant is entitled for the relief as prayed in the complaint.<br /> The evidence consists of the oral evidence adduced by PW1 and Exts.A1 and A2.<br /> Koldy Petroleum India Ltd issued connection certificate Ext.A2 to complainant. This certificate stands as evidence to show that complainant has taken gas connection from the opposite parties. So also Ext.A1 receipt shows that the complainant has surrendered the equipments and opposite party no.1 received the same on 7.12.2007. Usually gas connection to the consumers are given by the opposite parties on payment of an amount of Rs 5750/-. The complainant adduced evidence to the effect that he has paid Rs 500/- as registration fee and Rs 5250/- as security deposit to the Ist opposite party at the time when he has taken gas connection. Exts.A1 and A2 are also supporting evidence. The opposite party is answerable for the irregular supply of gas and also of the complaint with respect to quality and quantity. If the gas supply is not regular, the consumer will suffer much and it will become intolerable when it turned into regularly irregular. The consumer cannot be blamed in such circumstances if the connection being surrendered. When gas is not available there is no use with the empty cylinder and regulator. It is not because of the fault on the side of the complainant when supply of gas to come to a standstill. There is deficiency on the part of the opposite parties. WE are of opinion that the opposite parties are liable tor efund the amount of Rs 5750/- to the complainant.<br /> In the result, the complaint is allowed partly directing the opposite parties to refund an amount of Rs 5750/- to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to exexcute 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. 7.12.2007 issued by the first oppositeparty<br /> A2. Connection certificate No.6989 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 /> <br /> <br /> <br />