Smt.PREETHAKUMARI. K.P. MEMBER <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 interest and cost.<br /> The complainant’s case is that she had availed gas connection from first opposite party by paying an amount of Rs 5750/- and the 2nd opposite party and 3rd opposite party were supplied gas as a joint venture with a stipulation that the amount will be returned back at the time of surrendering the gas connection. Later on the supply of refilled gas cylinder became irregular and that supplied was of substandard in quality and quantity. Because of these reason , the complainant had surrendered the gas connection and demanded for refund of deposited amount. But they were not ready to do so. Hence this complaint.<br /> On receiving notice from the Forum 2nd opposite party filed version admitting that the complainant had availed gas connection by giving Rs 5750/-to the first opposite party. The first opposite party handed over the amount to 2nd opposite party. Out of which2nd opposite party had given Rs 5500/- to 3rd opposite party, Rs 100/- to first opposite party and Rs 150/- appropriated by itself. The delay caused in supplying the refilled gas cylinder was due to the withdrawal of 3rd opposite party from supplying gas and if any deficiency is found, only 3rd opposite party is liable for the same and hence the case against 2nd opposite party is liable to be dismissed.<br /> On the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Relief and cost.<br /> The evidence in the above case consists of oral testimony of PW1 and Exts. A1 and A2.<br /> The opposite party no.2 admits that the complainant had availed gas connection by paying an amount of Rs 5750/-and some deficiency in supplying gas was occurred. So we are of the opinion that all the opposite parties are jointly and severally liable to compensate the complainant by refunding Rs 5750/- to the complainant.<br /> In the result, the complaint is allowed in part directing the opposite parties to refund 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 entitled to execute the order under the provisions of Consumer Protection Act.<br /> Sd/- MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Certificate dated 5.8.2008 issued by the first opposite party<br /> A2. Certificate dt.11.8.2006 issued by the first 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 />