By Sri. K. Gheevarghese, President.<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The Complainant availed gas connection with two cylinders. The supply gas connection was given through Service Co-operative Bank, Anjukunnu. The complainant requested the Opposite Party on 06.07.2002 to refund the amount deposited taking back the cylinders. On 15.7.2002 the Complainant received letter from the Opposite Party stating that there is no provision to refund the amount deposited. The Complainant prayed for the refund of the amount canceling the gas connection. <br /> <br /> 2. The Opposite Party filed version. The version in brief is as follows:- The Complainant had applied for LPG connection giving registration fees of Rs. 1,000/-. The connection was given to the Complainant and 2 refilled regulators were given to the Complainant at the cost of Rs.2,500/-. The balance amount Rs.2,250/- is charged as the connection fee which is not refundable. The amount collected towards the cost of two refilled <br /> - 2 -<br /> cylinders and regulator cannot be returned being it is already spent by the Opposite Parties, Rs. 2,250/- which is collected towards the expense also not refundable. The supply was given only with the undertaking that the connection charges would not be demanded afterwards. The Consumer Feds supplied as per the terms agreed with party in supply of refilled cylinders of 12 kg. There was no assurance from the Opposite Party to supply LPG cylinders of 14.2.kg weight. The Opposite Party continued with the supply of LPG in heavy loss due to the increase in the price of LPG. The Opposite Party has to met the loss of Rs. 128/- per cylinders. The Opposite Party has not violated the terms and conditions. More over the refund of the connection charges is against clause 5.1 of the LPG Consumer Book. The Complainant has no allegation in the supply of the gas. The request of the Complainant for the refund of Rs.5,750/- is untenable. The Opposite Party started the L.P.G business only for the purpose of helping the people in the use of L.P.G. The demand to refund the connection charges is absolutely reasonless. The complaint is to be dismissed with cost.<br /> <br /> 3. The points in consideration are:-<br /> 1.Is there any deficiency in service or any unfair trade practise on the part of the Opposite Party?<br /> 2.Relief and cost.<br /> <br /> 4. Points No.1 and 2:- The points No.1 and 2 can be considered together the Complainant filed affidavit, Ext.A1 to A4 were marked supporting the contention of the Complainant. The Opposite Party has not filed any document to establish their plea and apart from that no affidavit or any oral testimony was given by the Opposite Party.<br /> <br /> 5. The Opposite Party collected Rs.1,000/- for registration and Rs.2,500/- was collected towards the sum of two refilled cylinders and one regulator. Rs. 2,250/- is charged as the <br /> (Contd.........3)<br /> - 3 -<br /> connection fee. Ext. A3 is the letter sent to the Complainant by the Opposite Party which states that the Opposite Party cannot refund the amount collected for L.P.G connection. The Opposite Party has issued a circular abide by the resolution of the board which is Ext.A4. The clause 1 of that resolution reads that the cylinders and regulators can be taken back and Rs.2,500/- charged can be refunded to the consumers with interest of 8% for a period of 3 years and deposit receipt is to be given to the subscriber. Any how the Opposite Party took decision regarding the cancellation of the L.P.G connection. In the instant case the Opposite Party collected Rs. 2,500/- as the connection charge in addition to registration charge of Rs. 1,000/- from the side of the Opposite Party in order to substantiate their contentions no documents are produced. It is not reasonable that the supply of L.P.G connection cannot be <br /> canceled and service provider is not ready to refund the charges collected by them in case of the subscriber unwilling to proceed with the gas connection. There is deficiency in service on the part of the Opposite Party and more over the non refund of the amount on cancellation of the connection is not a fair trade practise.<br /> <br /> 5. The Opposite Party had spent for the connections providing the facility to the subscriber. The Complainant requested for cancellation of the L.P.G connection and take back 2 cylinders and one regulator. The Opposite Party is not required to refund the charge levied for L.P.G connection and other service charges it includes Rs.2,250 + 1,000 in total Rs. 3,250/-. It is not proved by any document or in oral testimony whether the cylinder supplied were in use of the Complainant. The Opposite Party has to take back the cylinders and regulator supplied by them to the Complainant and the Complainant is to be refunded Rs.2,500/- on surrendering the cylinders and regulator along with cost. <br /> <br /> In the result, the complaint is partly allowed. The Opposite Party is directed to refund Rs. 2,500/- (Rupees Two thousand Five hundred only) on surrendering the two cylinders and <br /> (Contd.......4)<br /> - 4 -<br /> one regulator by the Complainant. The Complainant is also entitled for Rs.1,000/- (Rupees One thousand only) towards cost. The Opposite Party is directed to comply with within one month from the date of receival of this order. <br /> <br /> Pronounced in open Forum on this the 31st day of October 2008.