K.Gopalan, President<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to pay Rs.5750/- with interest and cost.<br /> The cases of the complainant in brief are as follows:-<br /> The complainant attracted by the advertisement in the newspapers took gas connection through the Neethi store conducted by 1st opposite party remitting an amount of Rs.5750/-. Complainant returned the equipments to 1st opposite party on 6.6.07 since he was not in need of gas. When the complainant demanded for the money the Secretary of the bank – 1st opposite party informed the complainant that they are ready to give Rs.2500/- only. The opposite parties are liable to return the full amount when equipments are returned. But the opposite parties are not ready to return the amount; complainant is cheated by opposite parties. Hence this complaint. <br /> Notice served upon to opposite parties but they did not take care to appear before the Forum. Opposite parties 1 and 2 called absent and set exparte. However 1st opposite party filed version.<br /> 1st opposite party denied the allegations and averments in the complaint. As per the contentions of the opposite party the complaint is not maintainable. No advertisement was given by the 1st opposite party such as the amount will be refunded when the consumers return back the cylinders and regulator. 1st opposite party admitted that the complainant has returned the cylinders and regulator. 1st opposite party further contended that the amount collected from the complainant was sent to 2nd opposite party at the initial stage itself all the responsibilities are on the shoulders of 2nd opposite party only. 1st opposite party is an unnecessary party and has no liability to return of the amount. If any liability is found 2nd opposite party is only responsible.<br /> The main question to be decided is whether there is any deficiency in service on the part of the opposite parties and the complainant is entitled for the remedy as prayed in the complaint.<br /> Oral testimony of the complainant and Ext.A1 forms the evidences.<br /> Admittedly the complainant has availed gas connection from the 1st opposite party. Ext.A1 is the connection certificate issued to complainant, which proves that he has taken gas connection. 1st opposite party has admitted in his version that the equipments were surrendered before him. When equipments are returned opposite parties are liable to refund the amount. Complainant demanded to refund the amount, but the opposite party was ready to give only Rs.2500/-. The opposite parties are giving connection to consumers when only receiving Rs.5750/-. Hence opposite parties are liable to refund the amount to the consumer-complainant. We are of the opinion that the complainant is entitled to get Rs.5750/-. It is therefore opposite parties are held liable to pay a sum of Rs.5750/- to the complainant.<br /> In the result, the complaint is allowed partly directing the opposite parties to refund the 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 allowed to execute the order against the opposite parties under the provisions of the consumer protection Act.<br /> Sd/- Sd/- Sd/- <br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Connection certificate issued by OP<br /> <br /> Exhibits for the opposite parties: Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br />