Smt.PREETHAKUMARI. K.P. <br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund Rs 5879/-.<br /> The complainant’s case is that he had availed a Neethi Gas connection through Koyyod Co-op: Service Bank on 15.6.08 having registration no. 5081 by giving an amount of Rs 5750/-. But subsequently the supply of refilled gas cylinder became irregular and price of the refilled gas cylinder also increased inordinately. Because of these reasons the complainant approached for surrendering the gas connection before the above said bank. But they have shown reluctancy for receiving the cylinder and regulator by saying that the amount was handed over to the opposite party and hence they were only responsible. So the complainant approached the opposite party for refund of the above said amount by taking back the connection and they are not ready to do so and hence this complaint.<br /> In response to the notice issued by the Forum, the opposite party had filed version admitting that the complainant had availed gas connection by giving an amount of Rs 5750/- through the Koyyod Service Co.op: Bank. The above said bank had handed over the amount of Rs 5750/-to the opposite party and the opposite party had given Rs 5550/-to the Koldy Petroleum who had been supplying the gas and Rs 100/- to the Service Bank and Rs 150/- was appropriated by the opposite party. The opposite party further admits that there caused some delay in supplying refilled gas cylinder due to the withdrawal of Koldy Petroleum from supplying and hence if any deficiency is found only the Koldy Petroleum is responsible.<br /> From the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficieny of service on the part of opposite party?<br /> 2. Whether the complainant is entitled for any relief?<br /> 3. Relief and cost.<br /> The evidence in the above case consists of the oral testimony of PW1 and Exts. A1 and A2.<br /> ISSUE Nos. 1 to 3:<br /> The admission of opposite party along with Exts. A1 and A2 proves that the complainant had availed gas connection from opposite party by paying an amount of Rs 5750/- to the opposite party. Opposite party further admits that some delay was caused in supplying refilled gas cylinder. Hence we are of the opinion that the opposite party is liable for the deficiency caused and the complainant is entitled to get refunded Rs 5750/- from opposite party.<br /> In the result, the complaint is allowed in part directing the opposite party to refund Rs 5750/-( Rupees five thousand seven hundred and fifty only)to the complainant within one month from the date of receipt ofthis order. Otherwise the complainant is at liberty to execute the order under the provisions of Consumer Protection Act. The complainant is also directed to surrender the cylinders and regulator to the opposite party after receiving the amount.<br /> Sd/-MEMBER Sd/- MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 2.4.98 issued by Koyyod Service Co.op: Bank<br /> A2. Receipt dt 24.4.98 issued by Koyyod Service Co.op: Bank<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 />