18.8.08<br /> O R D E R <br /> Sri.K.Gopalan, President<br /> This is a complaint filed under section12 of the consumer protection Act by complainants 1 to 10 jointly for an order directing the opposite party to refund Rs.5750/- each to complainants together with Rs.25, 000/- each as compensation and Rs.1000/- each as cost.<br /> The case of the complainants in brief is as follows: Complainants were availed gas connection from the opposite party. Complainants 1 to 10 paid Rs.5750/- each as security deposit through Choikli Service co. operative Bank. Subsequently the supply of gas became irregular which caused much hardship and trouble to the complainants through the complainants were assured to supply the same uninterruptedly. Hence the complainants issued notice demanding to refund the amount deposited. Opposite party sent reply but raising false contentions and had not complied the demands in the notice. The opposite party is liable to return the amounts to the complainants. Hence this complaint.<br /> Though the Forum sent notice to opposite party and properly served .Opposite party took no care to appear or file version.<br /> The main point to be considered is whether there is any deficiency in service on the part of the opposite party and the complainant is entitled for the remedy as prayed in the complaint.<br /> The evidence consists of the affidavit in lieu of chief and Exts.A1 to A28<br /> Complainants 1 to 10 sent lawyer notice to opposite party. Exts.A4, 11,14,20,23 and 27 are copies of lawyer notice sent by the complainants indifferent groups to opposite party. Opposite party replied to all the notices. Exts.A5, 12,15,24,28 and 21 are the reply notice sent by the opposite party to complainants. The contents of all the notices and reply to those notices are similar and almost same. The main allegations in the notices are the complainants through the agent of opposite party deposited Rs.5750/- for cooking gas connection. The respective receipt numbers are also mentioned in the notices. The opposite party defaulted in supply of Gas as assured. Complainants suffered much trouble and hence claimed the refund of deposit of Rs.5750/- along with compensation. Consumerfed in their reply contended that LPG connections released to one person can be transferred to another, but no refund was allowed. By naming each and every claimants consumer fed stated in reply that they are ready to consider refunding of an amount of Rs.2500/- on surrendering the empty cylinder and regulator as a special case. Ext.A5, 12, 15, 24,28and 21 gives offer to complainants 1 to 10 a sum of Rs.2500/- each. It was not accepted by the complainants. They want the full amount to be refunded. Notice and reply notice proves that the complainants are consumers of opposite party who had been availed gas connection on payment of Rs.5750/-. Since the gas connection became irregular complainants were suffered difficulties. It is a deficiency on the part of opposite party. The situation under which opposite party was unable to supply the gas regularly is not out of any wrong committed by the complainants. Hence we are of opinion that the complainants are entitled to get the amount refunded. Opposite party is liable to refund a sum of Rs.5750/- each to every complainant 1 to 10 herein. The issues are found in favour of the complainants.<br /> In the result the complaint is allowed partly directing the opposite party to pay Rs.5750/- (Rupees Five thousand seven hundred and fifty only) each to complainants 1 to 10 within one month from the date of receipt of this order, failing which the complainant are allowed to execute the order against the opposite party under the provisions of consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainants<br /> A1 Copy of the cash receipt issued by Chokli S.C.Bank dt.24.4.98<br /> A2 Copy of the cash receipt issued by Chokli S.C.Bank dt.4.4.98<br /> A3.Copy of the connection certificate issued by OP<br /> A4.Copy of the lawyer notice dt.30.1.04 sent to OP<br /> A5.Letter dt.5.2.04 sent by OP<br /> A6.Copy of the coupon issued by OP<br /> A7.Copy of the connection certificater dt.T.Kamala<br /> A8Copy of the connection certificate of ParalMusthafa<br /> A9.Copy of the connectioncertiifcate of K.Safia<br /> A10. Connection certificateof V.P.Haseena<br /> A11.Copy of the lawyer notice dt.23.1.04 sent to OP<br /> A12.Letter dt.5.2.04 sent by OP<br /> A13. Connection certificate of A.K.Muhammed<br /> A14. .Copy of the lawyer notice dt.5.2..04 sent to OP<br /> A15. Letter dt.5.2.04 sent by OP<br /> A16.Cash receipt dt.18.4.98 issud by Chokli S.C.Bank<br /> A17.Cash receipt dt.28.4.98 issud by Chokli S.C.Bank<br /> A18. . Connection certificate of T.Muhammed Master<br /> A19.Coupon issued by Koldy Petroleum India Ltd. to V.T.A .Mammu<br /> A20 Copy of the lawyer notice dt.11.2..04 sent to OP<br /> A21. Letter dt.21.2.04 sent by OP<br /> A22.. Connection certificate of B.Ummer<br /> A23. Copy of the lawyer notice dt.1.4..04 sent to OP<br /> A24. Letter dt.10.4..04 sent by OP<br /> A25.Cash receipt dt.29.9.98 issued by Chokli S.C.Bank to Balakrishnan. M.P.<br /> A26 . Connection certificate of M.P.Balakrishnan<br /> A27. Copy of the lawyer notice dt.11.4..03 sent to OP<br /> A28. Letter dt.21.4.04.04 sent by OP<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for either side<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />