10.12.08

Smt.K.P.Preethakumari

            This is a complaint filed under section 12 of the consumer protection Act foran order directing the opposite parties to refund Rs.5750/- with interest and cost.

            The complainant’s case is that he had availed gas connection from 1^st opposite party b y giving an amount of Rs.5750/- with a stipulation that the deposited amount will be refunded at the time of surrendering the gas connection.  The opposite party No.2 is supplying the refilled gas connection. Later on the supply of gas became irregular and that supplied was of substandard in quality and quantity. Because of this he apporahced the opposite party for surrendring the connection and for refund. But they were  reluctant to do so. Hence this complaint.

            On receiving the notice from the Forum, 1^st opposite party filed version. Even though 2^nd opposite party had acknowledged the same they were not entered appearance.

            The 1^st opposite party admits that the complainant had availed gas connection by giving an amount of Rs.5750/-. But the amount was handed over to 2^nd opposite party who was supplied gas. So the 1^st opposite party has no liability to refund the amount and hence the complaint against 1^st opposite party is liable to be dismissed.

            The main points to be considered is whether there is any deficiency on the part of opposite party?

            The evidence in this case consists of the oral testimony of PW1 and Exts.A1 and A2.

            The Exts.A1 and A2 shows that the complainant had availed gas connection by giving an amount of Rs.5750/-. The complainant further contended that the supply of gas was irregular and the supply was of substandard both in quality and quantity. No contrary evidence is produced. More over the opposite party was not ready to receive the cylinder and regulator and to refund the deposit amount. Hence we are of the opinion that some deficiency was caused on the part of opposite parties for which both opposite parties were jointly and severally liable to compensate the complainant b refunding the deposited amount of Rs.5750/- and the complainant is entitled to receive the same.

            In the result, the complaint is allowed in part directing the opposite parties to refund 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 against the opposite parties under the provisions of the consumer protection Act. The complainant also is directed to surrender the regulator and cylinder to 1^st opposite party after receiving the amount.

                                               Sd/                           Sd/-                     Sd/-

                                        President                    Member              Member

      APPENDIX

Exhibits for the complainant

A1.& A2. receipts dt.27.4.98 and30.3.98 issued by OP1 to complainant

Exhibits for the opposite parties

Nil

Witness examined for the complainant

PW1.Complainant

Witness examined for the opposite parties

Nil

                        /forwarded by order/

                      Senior Superintendent

Consumer Disputes Redressal Forum, Kannur