Smt.JESSY.M.D: MEMBER <br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund Rs 5750/- with interest and cost.<br /> The case of the complainant in brief is as follows : The opposite parties jointly provided gas connection for domestic purposes . The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached 2nd opposite party he assured that Ist opposite party will provide gas connection on deposit of Rs 5750/- which will be refunded in the event of termination of the gas connection. Complainant paid Rs 5750/- and availed gas connection . But later on the supply of gas happened to be irregular as against the assurance of 2nd opposite party. Moreover the supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 2nd opposite party was not ready to refund the amount and hence the complaint.<br /> On receiving the complaint,notices were issued to the opposite parties. But they were not taken care even to appear before the Forum.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency in service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for remedy as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence consists of oral testimony of PW1 and Exts. A1 and A2.<br /> ISSUE Nos. 1 to 3:<br /> The complainant has stated in the complaint that he has availed gas connection from first opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Exts. A1 and A2 are the receipts issued by the opposite partyproves that the complainant has taken gas connection from opposite parties. Complainant stated that the opposite parties are not ready to supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to 2nd opposite party his explanation was that first opposite party is responsible for those troubles. Exts. A1 and A2 proves that complainant paid Rs 5750/-at the time of availing gas connection. Hence both Ist and 2nd opposite parties are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant.<br /> In the result, 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 allowed to execute the order against the opposite parties under the provisions of Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 23.9.99 issued by the 2nd oppositeparty<br /> A2. Counterfoil of the D.D. dt. 13.6.2000 <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 />