SRI.K. VIJAYAKUMARAN, PRESIDENT. This is a complaint filed by the complainant seeking a direction to the opp.parties for the cancellation of his LPG connection with the opp.party and to refund Rs.5750/- deposited by the complainant as security deposit, compensation and costs. The complainant’s case in brief is as follows: The complainant is a subscriber of the opp.parties with consumer No.10767. Attracted by the offer of the opp.parties that LPG connection will be provided instantly for Rs.5750/- the complainant deposited the above sum and took LPG connection from the opp.parties. The payment for LPG connection was collected by opp.party 1 on 9.8.99, 22.9.99 and 31.5.2000 through opp.party 2. From the very beginning the supply of refills were not satisfactory. There was inordinate delay. Exorbitant charges were also levied for the refills compared to other gas agencies. Due to the deficiency in service on the part of the opp.party the complaint is not interested in continuing the gas connection of the opp.parties. Thereafter the complainant demanded refund of the deposit after canceling the gas connection. The opp.parties did not take any action. Hence the complaint. The opp.parties were duly served. While opp.party 2 remained absent, Opp.party 1 appeared . However opp.party 1 did not file any version nor adduce any oral or documentary evidence. PW.1 was examined on the side of the complainant and Exts. P1 to P6 were marked. Points for consideration are: 1. Whether there is deficiency in service on the side of the opp.parties? 2. Reliefs and costs. Points: It is not disputed that the complainant is a consumer of opp.parties. The contention of the complainant that there is inordinate delay in supply of refills and exhorbitant price is being collected for the refills remains unimpeached. As we said earlier opp.parties have not adduced any oral or documentary evidence to disprove the complainant’s case. The opp.parties have not even cross examined the complainant. In these circumstances we hold that there is deficiency in service on the part of the opp.parties and the complainant is entitled to get an order as prayed for. Points found accordingly In the result the complaint is allowed directing the opp.parties to cancel the complainant’s gas connection and to refund the security deposit of Rs.5750/- with interest @ 9% from 18.3.2008 till payment. The opp.parties are also directed to pay Rs.1000/- towards compensation and costs to the complainant. The complainant will return the gas cylinder and regulator to the opp.parties on getting refund of security deposit. The order is to be complied with within one month from the date of this order. Dated this the 30th day of April, 2009. I N D E X List of witnesses for the complainant PW.1. – K. Ramachandran Pillai List of documents for the complainant P1. – receipt dated 9.8.1999 P2. – Receipt dated 22.9.99 P3. – Receipt dated 31.5.2000 P4. – Advocate notice P5. – Acknowledgement card. P6. – Order in O>P>No.400/06 |