Smt. PREETHAKUMARI. K.P.<br /> <br /> 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 Rs 2000/- compensation and cost.<br /> The complainant’s averments are as follows. She is the consumer of opposite parties since 1998 by availing a gas connection on deposit of Rs 5750/- and were supplied gas. But for the last so many months the price of the refilled cylinders raised inordinately and supply become regularly irregular. Because of this she had surrendered the gas connection and demanded for Rs 5750/-by a notice dt. 24.12.2005 as assured by the opposite parties at the time of availing connection. But the opposite parties issued reply stating that they are ready only to refund Rs 2500/- after deduction of agency commission etc. This amounts to unfair trade practice and hence this complaint.<br /> On receiving the complaint, the opposite parties filed their version.<br /> Opposite party no. 1 filed version admitting that the complainant had availed gas connection by paying Rs 5750/-. But the same was handed over to the opposite party no.2. This opposite party is not liable for the substandard quality and quantity and opposite party no.2 is liable for it and hence the complaint is liable to be dismissed.<br /> The 2nd opposite party also filed their version admitting that the complainant had availed gas connection by paying Rs 5750/-. But out of which Rs 5500 was paid to the Koldy Petroleum , Rs 100/- to the opposite party no.1 and Rs 150/- was appropriated by themselves and the deficiency in service was happened only because of the withdrawal of the Koldy Petroleum from supplying the gas and hence the complaint is liable to be dismissed.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Relief and cost.<br /> The evidence in this case consists of the affidavit and Exts. A1 to A5.<br /> The evidence with Exts. A1 and A2 along with the admission of the opposite parties, it is evident that the complainant had availed gas connection by paying an amount of Rs 5750/- to the opposite parties. The opposite parties admits in their version that there was some deficieny in supplying refilled gas cylinders within time and failed to refund the deposited amount even after disconnection. So we are of the opinion that the opposite parties are jointly and severally liable to refund the deposited amount of Rs 5750/- to the complainant. Issues are answered accordingly. <br /> In the result the complaint is allowed in part directing the opposite parties to refund the deposited 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 at liberty to take steps to execute the order under the provisions of the Consumer Protection Act.<br /> Sd/-MEMBR Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Connection certificate issued by the opposite party<br /> A2. Receipt dated 5.11.98 issued by the first opposite party<br /> A3. Copy of the letter dt. 24.12.2005 sent to the 2nd opposite party.<br /> A4. Receipt dt. 27.2.2006 issued by the first opposite party<br /> A5. Acknowledgement card signed by the 2nd opposite party<br /> Exhibits for the opposite party – NIL<br /> Witness examined on either side- NIL <br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br />