O R D E R SRI.R. VIJAYAKUMAR, MEMBER The complaint is filed for cancellation of Gas connection, refund of advance deposit and compensation and cost. The averments in the complaint can be briefly summarized as follows: Attracted by the advertisement of 1st opp.party the complainant deposited Rs.5500/- to the 1st opp.party through 2nd opp.party as security deposit for getting Gas connection. From the beginning itself the opp.parties were defaulted in the distribution. Even though they were changing excess price they would lnot refill as per the needs of consumers. Because of the deficiency in service from the side of opp.party, the complainant sustained mental agony and financial loss. As the complainant not interested to continue the Gas connection sent a notice to the opp.parties on 29.10.2007 demanding cancellation of Gas connection and refund of Advance deposit. 1nd opp.party has not replied. I opp.party replied informing that there is no provision for refund of money to the complainant. The complainant can transfer the connection to anyone else and could get money or otherwise if the complainant sent full and final settlement deed along with a letter from the Secretary of 2nd opp.party agreeing that the complainant would be satisfied with the payment of Rs.2500/- deducting connection fee and registration fee from Advance ,deposit they are ready to pay Rs.2500/-. The complainant was not amenable for the proposal of 1st opp.party. The opp.parties are liable to pay back the deposit amount on cancellation of Gas connection The complainant issued notices requesting to cancel the Gas connection and to refund the deposit. But the opp.parties did not refund the amount. Hence the complaint is filed for getting advance deposit Rs.5500/- and compensation. The opp.parties filed version contending that the complaint is not maintainable either in law or on facts. As Consumer fed is not a public sector company, entered into contract with Shri Sakthi LPG Ltd for supplying cooking gas. Out of the amount collected from consumers,5500/- was given to Shri Sakthi LPG Ltd. Shri Sakthi LPG Ltd abruptly stopped supply of filled cylinders. As a result the opp.party could not supply filled cylinder in time. There is no deficiency in service on the part of opp.party. Consumerfed is supplying cooking gas incurring heavy loss. So the amount collected from the customers cannot be refunded. The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of the opp.parties 2. Compensation and cost. For the complainant PW.1 examined. Ext.P1 to P6 were marked. No evidence adduced by the opp.parties. Points 1 and 2 As a matter of fact there is no dispute that the complainant is a consumer of opp.parties. The contention of complainant is that there is deficiency in service on the part of opp.party Exorbitant price is charged for filled cylinders. There is inordinate delay in supply of refills. So the complainant does not want to continue as a customer of opp.parties. He issued notice to the opp.parties to cancel the gas connection. Though the opp.parties contented that there is no undue delay in supply of refilled gas, no deficiency in service on their part, they fails to adduce any evidence. Therefore the evidence adduced by the complaint stands impeached. On consideration of circumstances and on perusal of documents we find that there is deficiency in service on the part of the opp.party In the result the complaint is allowed. The 1st opp.party is directed to refund the security deposit Rs.5500/- with interest @ 9% per annum from 7.11.2008 to the complainant, after canceling the LPG connection and to pay Rs.1000/- as compensation and cost to the complainant. The complainant will return Gas cylinders and regulators to the opp.party on getting refund of the security deposit. The order is to be complied with within one month from the date of receipt of this order Dated this the 30th day of May, 2009. I n d e x. List of witnesses for the complainant PW.1. –Ruby Nelson. List of documents for the complainant P1. – Certificate issued by opp.party P2. – Advocate notice P3. – Postal receipt P4. – Postal receipt P5. – Reply notice P6. – Copy of order in C.C.No.401..2006 | 
