By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. This complaint is preferred by ten complainants jointly since they contend to have same interest and the relief claimed is also same. Opposite parties of their grievance are also the same. Their say is that they availed the service of opposite parties for supply of domestic cooking gas. First opposite party is the manufacturer and fifth opposite party is the dealer of this district. The gas connections were availed during the period between July, 1996 to August, 1996. That an amount of Rs.1,550/- was collected as connection charges and Rs.850/- as security deposit from each complainant by first opposite party through fifth opposite party. First opposite party stopped the supply of L.P.G refill from the month of February, 1997. Complainants were put to much inconvenience and hardships. Complainants alleged deficiency of service and claim refund of Rs.2,400/- along with interest and costs.<br /> 2. Exparte order was passed in this case by my predecessor on 25-01-1999 against opposite parties one to four. Thereafter I.A.No.149/02 was filed on 30-10-02 by opposite parties one to four to set aside the exparte order. This petition was allowed by my predecessor on 04-4-03 and the case was restored to file. Version was filed for opposite parties one to four on 07-7-03. Opposite parties one to four deny the allegations in the complaint. They dispute that the complaint is bad for non-joinder of necessary parties. It is contended that complainants ought to have filed separate complaints. It is admitted that opposite party is engaged in manufacture and distribution of LPG cylinders and refill. That marketing of domestic connections was not done by opposite parties. That actually opposite parties one to four are only manufacturers of empty gas cylinders. The distribution of domestic cooking gas is done by subsidiary unit M/s Sterling Gas and Equipments Ltd. The amounts were collected from complainants by opposite party No.5 and paid to M/s Sterling Equipments. That the business of opposite parties was transferred to M/s D. Chakrabarthy Associates on 18-01-'97. Until the transfer there was smooth distribution of LPG refill. Hence there is no deficiency in service on the part of opposite parties one to fourand complaint is liable to be dismissed.<br /> 3. Opposite party No.5 and opposite party No.6 filed joint version. It is admitted that opposite party No.5 is the dealer and opposite party No.6 is the distributor within this district. That Rs.850/- was collected as security deposit and Rs.1,550/- was collected as connection charges from complainants, for which receipts were issued by opposite party No.5 on behalf of the Company. The supply was interrupted only because opposite parties one to four stopped the supply of refill. That there is no deficiency of service on the part of opposite party No.5 and opposite party No.6.<br /> 4. Opposite parties seven to eleven were impleaded as per orders in I.A.No.127/03. Notice to these opposite parties were effected by substituted service through publication. Opposite parties seven to eleven were set exparte on 20-01-04.<br /> 5. Evidence consists of affidavit filed by fifth complainant on behalf of other complainants. Exts.A1 to A3 marked. None of the opposite parties have adduced any documentary or oral evidence.<br /> 6. Complainant preferred I.A.129/03 seeking permission to contest the case under Sec.12(c) of Consumer Protection Act. This petition was allowed on 11-4-08 and the affidavit filed by fifth complainant on behalf of all others was received. Exts.A1 to A3 marked. Ext.A2 series are receipts issued to each complainant. The amount paid by each complainant as per the receipt is Rs.1,550/-. The receipts are issued to complainants by opposite party No.5 on behalf of opposite party No.7. Counsel for complainant Sri.M.K.Alavi contended that opposite parties one to four are liable for deficiency in service. There is no evidence adduced on behalf of any of the opposite parties. On perusal of documents we cannot make out any privy of contract between complainants and opposite parties one to four. Complainants paid the amount to opposite party No.5 who in turn has issued the receipts on behalf of seventh opposite party. Therefore liability if any can be cast only against opposite party No.5 and opposite party No.7. The terms and conditions of contract are printed on reverse side of Ext.A2 receipts. On perusal of these terms and conditions it was opposite party No.7 who was supplying gas and equipments to complainants. Complainants have affixed their signature on these receipts and the terms and conditions are binding on them. We therefore find that no joint or several liability can be attributed to opposite party No.5. The refundable deposit as per Ext.A2 receipt is only Rs.850/-. We find that complainant is entitled to refund of Rs.850/- from seventh opposite party. All other opposite parties are exonerated from liability.<br /> 7. In the result, complaint allowed. We order seventh opposite party to pay a sum of Rs.850/- (Rupees Eight hundred and fifty only) to each complainant along with compensation of Rs.500/- (Rupees five hundred only) together with costs of Rs.500/- to each complainant within one month from the date of this order.<br /> <br /> Dated this 28th day of May, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A3<br /> Ext.A1 : Photo copy of the Certificate issued by 7th opposite<br /> party to 5th opposite party.<br /> Ext.A2series : Receipts for Rs.2400/- received from 5th opposite<br /> party to complainants.<br /> Ext.A3 : Photo copy of the lawyer notice sent by complainant's<br /> counsel to opposite parties.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> <br /> <br /> Sd/- C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br />