Smt.PREETHAKUMARI. K.P. <br /> This complaint is filed under Section 12 of the Consumer Protection Act directing the opposite parties to refund the deposit amount of Rs 5750/- with interest.<br /> The complainant contended that she had availed gas connection on 26.10,.98 by depositing an amount of Rs 5750/- to the first opposite party. Within a short span of taking connection, the opposite parties were not ready to supply the refilled cyinders within time. So the complainant was forced to surrender the gas connection on 10.7.2006 and demanded for refund of the deposit amount. But the first opposite party was not ready to return the deposit amount as promised. Hence this complaint.<br /> Both opposite parties were appeared on receiving notices from the Forum and filed their version.<br /> The opposite party no.1 filed version admitting that the complainant had availed gas connection by giving Rs 5750/-. But the amount was handed over to the 2nd opposite party and hence the first opposite party was acted only as an intermediator. The delay caused in supplying the refilled gas cylinder was only due to the act of the 2nd opposite party and the Koldy Petroleum who were jointly supplying the gas to the consumers. So there is no deficiency in service of the first opposite party and hence an order may be passed by excluding the opposite party no.1 from the liability.<br /> The 2nd opposite party also filed version admitting that the complainant had given Rs 5750/- to the opposite party and availed gas connection . The delay caused was due to the act of the Koldy Petroleum who were supplying the gas.Out of the amount received RS 5500/- was given to the Koldy Petroleum and Rs 100/- to the first opposite party and opposite party no.2 itself appropriated Rs 150/-. The Forum should penalize M/s Koldy Petoleumd India Ltd, who had provided gas connection were withdrawn from supply.<br /> On the above pleadings the points to be decided are ; <br /> 1. Whether there is any deficiency of service on the part of the opposite parties?<br /> 2. Relief and cost.<br /> 3. The evidence in this case consists of oral testimony of PW1 and Exts.A1.<br /> ISSUE No.1 & 2:<br /> The oral testimony of PW1 and the admission of opposite parties proves that the complainant had availed a gas connection by giving Rs 5750/-. The opposite parties further admits that there caused some deficiency in service due to the withdrawal of Koldy Petroleum from supplying the refilled gas. So there caused deficiency in service for which all the opposite parties are jointly and severally liable . Hence we are of the opinion that the opposite parties were liable to refund Rs 5750/- to the complainant.<br /> In the result, the complaint is allowed in part directing the opposite parties to return the deposited amount of Rs 5750/-( Rupees five thousand seven hundred and fifty only) to the complainant within one month from the date of receipt of this order. Otherwise the complainant is at liberty to execute the order under the provisions of Consumer Protection Act.<br /> Sd/-MEMBER Sd/- MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 10.7.2006 issued by the first oppositeparty<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br />