Act for getting an order directing the opposite parties to refund ` 5750 with interest and cost.  

          The case of the complainant in brief is as follows :  The opposite parties  provided gas connection for domestic purposes.  The opposite party offered spot connection and regular supply of gas cylinders without any delay.  But there was no due supply of cooking gas and committed gross defect in performing the terms of the contract.  The said payment was made through agent of opposite party ie Kappad Service Co-op. Bank Ltd, P.O. Kappad.  But the supply of gas happened to be irregular.  So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Kappad Service Co-op. Bank.  But the opposite party were not ready to repay the amount.    Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.

          On receiving the complaint Forum sent notice to opposite parties. 

Opposite party No.1 sent their version contenting that at the time of giving cooking gas connection Consumer Fed had received ` 5750 from all the consumers including the complainant in this case.  Out of this amount  ` 5500 was given to 3^rd opposite party, and ` 100 to 1<sup>st</sup> opposite party through which a connection was availed and 2<sup>nd</sup> opposite party had appropriated ` 150.  As per the agreement with 3^rd opposite party they supplied 2 cylinders and one regulator to each consumer.  The filled cylinders in a periodical manner were also supplied by 3^rd opposite party.

          On the above pleadings the following issues were raised for consideration.

1.     Whether there is any deficiency in service on the part of the opposite parties?

2.     Whether the complainant is entitled for remedy as prayed in the complaint?

3.     Relief and cost.

The evidence consists of the chief affidavit of the complainant as PW1 and Ext.A1.

Issues No.1 to 3 :

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of ` 5750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt dated 02.03.2012 which shows that the complainant has paid `5750 to 2^nd OP on 17.09.1998.   Complainant stated that the opposite parties did not 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 2^nd opposite party, his explanation was that 1^st  opposite party is responsible for those troubles.  Hence it is quite evident that there is deficiency in service on the part of opposite parties.  Hence both opposite parties are jointly and severally liable to refund ` 5750 to the complainant.  Thus issues No.1 to 3 is found in favour of the complainant.

          In the result, the complaint is allowed directing the opposite parties to pay an amount of ` 5750 to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.

          Dated this the 27^th day of June, 2012.

                          Sd/-                     Sd/-               Sd/-                            

                       President                Member                  Member

APPENDIX

Exhibits for the Complainant

A1. Certificate dated 12.03.2012 from 2^nd OP.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Chief affidavit of the Complainant.

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT