1,Secretary, Panoor S.C.BankPanoor 670 692. 2.Managing Director, Kerala state co-opconsumer federation Gandhi Nagar, Kochi 3.Manager, Koldy Petroleum India Ltd.Moongilamada, Vannamada, Kozhinhampara, Palakkad.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Sri.K.GOPALAN : PRESIDENT This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund the deposit amount RS 5250/-. As per the averments in the complaint, the complainant has taken gas connection on 23.03.1998 from the first opposite party. It is understood that 2nd and 3rd opposite parties supplied gas through the first opposite party. At the time to booking the gas connection he has paid Rs 500/- as registration fee and Rs 5250/- as security deposit. Because of the irregular supply and increase in price of gas, complainant surrendered cylinders and regulator to the first opposite party bank . The opposite party did not refund the deposit amount. Hence the complainant prays for an order to get refunded the deposit amount. Notice was issued and served to opposite parties. But they did not care to appear before the Forum. Version also not filed. The opposite parties 1 to 3 subsequently called absent and set exparte. The main question to be decided is : 1.Whether there is any deficiency on the part of opposite party ? 2. Whether the complainant is entitled to get refunded the deposit amount? The complainant adduced oral evidence and Ext.A1 marked on his side. ISSUE Nos. 1 & 2: Ext.A1 shows that the complainant took gas connection from the first opposite party on depositing Rs 5250/-. The complainant deposed that he had paid another Rs 500/- as registration fee. Ext. A1 together with the oral evidence of complainant undoubtedly prove the deposit. The opposite party is liable to refund the amount when the equipments are surrendered. The complainant deposed that he has surrendered the equipments, cylinders and regulator, to the first opposite party. Though the complainant paid Rs 5750/- altogether he has limited his claim only to get refunded deposit amount Rs 5250/-. We are of opinion that the complainant is entitled to get the amount Rs 5250/- . The issues are answered in favour of the complainant. In the result the complaint is allowed directing the opposite parties to refund Rs 5250/-to the complainant within one month from the date of receipt of this order failing which the complainant is allowed to execute the order as per the provisions of the Consumer Protection Act. Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT APPENDIX Exhibits for the complainant A1. Receipt dt. 23.3.1998 issued by the first opposite party Exhibits for the opposite party NIL Witness examined for the complainant PW1. Complainant Witness examined for the opposite party NIL Forwarded/by order SENIOR SUPERINTENDENT Sri.K.GOPALAN : PRESIDENT This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund the deposit amount RS 5250/-. As per the averments in the complaint, the complainant has taken gas connection on 23.03.1998 from the first opposite party. It is understood that 2nd and 3rd opposite parties supplied gas through the first opposite party. At the time to booking the gas connection he has paid Rs 500/- as registration fee and Rs 5250/- as security deposit. Because of the irregular supply and increase in price of gas, complainant surrendered cylinders and regulator to the first opposite party bank . The opposite party did not refund the deposit amount. Hence the complainant prays for an order to get refunded the deposit amount. Notice was issued and served to opposite parties. But they did not care to appear before the Forum. Version also not filed. The opposite parties 1 to 3 subsequently called absent and set exparte. The main question to be decided is : 1.Whether there is any deficiency on the part of opposite party ? 2. Whether the complainant is entitled to get refunded the deposit amount? The complainant adduced oral evidence and Ext.A1 marked on his side. ISSUE Nos. 1 & 2: Ext.A1 shows that the complainant took gas connection from the first opposite party on depositing Rs 5250/-. The complainant deposed that he had paid another Rs 500/- as registration fee. Ext. A1 together with the oral evidence of complainant undoubtedly prove the deposit. The opposite party is liable to refund the amount when the equipments are surrendered. The complainant deposed that he has surrendered the equipments, cylinders and regulator, to the first opposite party. Though the complainant paid Rs 5750/- altogether he has limited his claim only to get refunded deposit amount Rs 5250/-. We are of opinion that the complainant is entitled to get the amount Rs 5250/- . The issues are answered in favour of the complainant. In the result the complaint is allowed directing the opposite parties to refund Rs 5250/-to the complainant within one month from the date of receipt of this order failing which the complainant is allowed to execute the order as per the provisions of the Consumer Protection Act. Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT APPENDIX Exhibits for the complainant A1. Receipt dt. 23.3.1998 issued by the first opposite party Exhibits for the opposite party NIL Witness examined for the complainant PW1. Complainant Witness examined for the opposite party NIL Forwarded/by order SENIOR SUPERINTENDENT
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