Present complaint under Section 12 of the consumer Protection Act, 1986 as amended upto date has been filed by the complainant i.e. Bawa Lalwani Public School through its Principal Mrs. Pranjala Dutta against opposite parties i.e. Amit Kumar Prop. M/s High tech Agencies, VPO Sheikhupura, District Kapurthala and opposite party No.2 Jogesh Bedi, 10-R, 392, Basti Sheikh, Jalandhar seeking direction against them for payment of compensation on account of loss and damage of two fire extinguishers and also for monetary compensation on account of deficiency in its service.<br /> 2. Brief facts in the complaint are that opposite party No.1 collected three fire extinguishers from the School premises for filling purposes on 4.8.2007 as mentioned in para 1 of the complaint. I is alleged that said fire extinguishers were not filled up by the opposite parties inspite of repeated reminders. Later on opposite party No.1 returned only one empty fire extinguisher of 2 K.G. on 8/10/2007 but failed to return other two fire extinguishers despite repeated requests to return the filled fire extinguishers and as such complainant was deprived of use of fire extinguishers which was worth Rs.4000/- besides building of the complainant School will be exposed to manifold danger, damages and destruction for which complainant is entitled to reliefs claimed against both opposite parties as opposite party No.2 is colluding with opposite party No.1.<br /> 3.. Notices were issued to opposite parties No.1 and 2 repeatedly but they failed to appear and were avoiding service as a result of which both the opposite parties were summoned through publication in the newspaper but again they failed to appear on 20/5/2008 and were proceeded exparte. <br /> 4. In support of its version complainant produced in exparte evidence affidavit Ex.C1 and documents Ex.C2 to C11.<br /> 5. We have gone through the affidavit of Nirmal Singh Estate Supervisor in which he has reiterated the allegations contained in the complaint that three fire extinguishers were entrusted to opposite party No.1 vide vide gate pass Ex.C2 dated 4/8/2007 for refilling purposes and out of which only one fire extinguisher was returned but failed to return other two fire extinguihers worth Rs.4000/- despite repeated requests. No doubt, these fire extinguishers were entrusted to opposite party No.1 i.e. M/s High Tech Agencies through opposite party No.2 who is employee of the said School. He has left the job from the School and there was dispute about non payment of the wages as clearly reflected in Ex.C7 dated 27/3/2008 and further Ex.C8 to C11. It further transpired from the correspondence that opposite party No.2 was also making efforts for return of two fire extinguishers from M/s High Tech Agencies. Opposite party No.1 has not come forward to rebut the allegations of the complainant as two fire extinguishers were entrusted to it worth Rs.4000/- for refillng purposes but were not returned after due service and as such there is clear cut deficiency in service on the part of opposite party No.1 but the allegation of in connivance of opposite party No.2 with opposite party No.1 has not been substantiated with any iota of evidence by the complainant.<br /> In the ultimate analysis of aforesaid discussion, we accept the complaint and direct opposite party No.1 to either return two fire extinguishers duly filled to the complainant or refund its price worth Rs.4000/- alongwith monetary compensation of Rs. 3000/- besides Rs.1000/- as costs of litigation within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despathed to the parties without any unecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Surinder Mittal ) ( A.K. Sharma )<br /> Member President.