15.9.08 K.P.Preethakumari, Member This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with interest and cost. The complainant’s case is that he had availed a gas connection from 1st opposite party by giving Rs.500/- as advance and Rs.5250/- as deposit with a stipulation that the amount of Rs.5750/- will be returned to him as and when the connection is being surrendered. The refilled gas cylinder was supplied by 2nd and 3rd opposite parties as a joint venture. Later on the supply of refilled gas cylinder became irregular and that of supplied was of substandard both in quality and quantity. The 1st opposite party represented to the complainant that the delay was caused due to some negligence on the part of 2nd and 3rd opposite parties. Because of this the complainant had surrendered the gas connection on 21.11.06 and demanded for deposited amount. But the 1st opposite party was not ready to do so. Hence this complaint. On receiving the complaint notices were issued to the opposite parties and 1st and 2nd opposite parties filed their version. The 1st opposite party filed version admitting that the complainant had availed gas connection by giving Rs.5750/- and the amount was handed over to the 2nd opposite party. It is contended that 1st opposite party has acted only as an agent and hence they have no liability to refund the amount. The 2nd opposite party also filed version admitting that the complainant had availed gas connection by paying Rs.5750/- to the 1st opposite party. But the 1st opposite party was handed over the amount to 2nd opposite party. Out of which 2nd opposite party had given Rs.5500/- to 3rd opposite party, Rs.100/- to 1st opposite party and 2nd opposite party had appropriated Rs.150/- itself. They further admits that some delay was caused in supplying refilled gas cylinder and was caused not because of any deficiency committed by the 2nd opposite party but due to the withdrawal of 3rd opposite party from supplying gas and hence if any liability is found the 3rd opposite party only is liable. On the above pleadings the following issues are raised for consideration. 1. Whether there is any deficiency on the part of opposite parties? 2. Relief and cost. The evidence in this case consists of the Ext.A1. Issue Nos.1 & 2 The opposite parties 1 and 2 admitted that the complainant had availed gas connection by paying an amount of Rs.5750/-. 2nd opposite party also admits that there caused some delay in supplying the refilled gas cylinder within time. Ext.A1 is the surrendering certificate. Hence we are of the opinion that there was some deficiency in service on the part of opposite parties and hence all opposite parties are jointly and severally liable to refund the amount of Rs.5750/- to the complainant. In the result, the 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 fro0m the date of receipt of this order, failing which the complainant is at liberty to execute the order against the opposite parties under the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Surrender certificate dt.21.11.06 issued by OP1. Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal forum, Kannur