By G. Yadunadhan, President:

The complainant obtained Neethi gas connection through Kommeri Service Co-op. Bank Neethi Store, Kozhikode from the opposite party on deposit of Rs.5750/-.  At the time of giving connection, the opposite party undertook to supply refilled gas cylinders as and when required.  But according to the complainant, even after repeated demands the opposite party did not supply the refilled gas cylinders as requested by the complainant.  Hence he is seeking for the return of the amount of Rs.5750/-.

            The opposite party filed a version contending as follows:  It is true that the complainant obtained Neethi gas connection from the opposite party and the Opposite party received an amount of Rs.5750/- from the complainant at the time of giving connection. The complainant is not entitled to get refund of any amount. The amount deposited by the complainant is expended for giving connection.  Hence the complainant is not entitled to get any relief.

            On the above pleadings the only point for consideration is whether the complainant is entitled to get any relief?

            It is the admitted fact that the complainant obtained Neethi gas connection from the opposite party on deposit of an amount of Rs.5750/-.  According to the complainant though the opposite party agreed to supply refilled gas cylinders as and when required, they did not supply refilled gas cylinders as requested by the complainant.  Hence he is seeking for the refund of the amount.  The opposite party contended that the amount cannot be refunded and it is not a deposit and the opposite party is entitled to retain the amount.  But no authority is produced to show under what ground they are entitled to retain the amount.  Hence we find that the complainant is entitled to get refund of Rs.5250/-.

            In the result the petition is allowed and the opposite party is ordered to pay an amount of Rs.5250/- to the complainant and on receipt of the amount the complainant is bound to return the gas cylinders and regulator to the opposite party.

Pronounced in the open court this the 1^st day of December 2008.

                           Sd/-                                              Sd/-                                 

                                         PRESIDENT                                               MEMBER                          

(Forwarded/By Order)

Senior Superintendent.