6.10.08 

Smt.M.D.Jessy, Member This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- with interest and cost. The case of the complainant in brief is as follows. The opposite parties jointly provide gas connection for domestic purposes. The opposite parties offered spot connection and regulator supply of gas cylinders without any delay. When complainant approached the 1st opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs.5750/- which will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of 1st opposite party. More over they supplied refilled gas cylinders were of substandard quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. 1st opposite party was not ready to refund the amount and hence the complaint. On receiving the complaint, notices were issued to the opposite parties. 1st opposite party filed their version admitting that the complainant had taken cooking gas connection by giving an amount of Rs.5750/-. But denied the contentions that the opposite party had assured that the amount will be refunded at the time of surrendering connection. The 1st opposite party had acted as a franchise and the amount was handed over to 2nd opposite party and hence they are not liable to refund the amount and hence complaint is liable to be dismissed. On the above pleadings the following issues were raised for consideration. 1. Wherher there is any deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled for remedy as prayed in the complaint? 3. Relief and cost. The evidence consists of the oral testimony of PW1 and Exts.A1 and A2 marked. Issue Nos. 1 to 3 The complainant has stated in the complaint that he has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt by which the complainant paid Rs.5750/- to the opposite party.Ext.A2 is the surrendering certificate which shows that the complainant had surrendered two cylinders and one regulator to 1st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. These issues are found in favour of the complainant.

         In the result, complaint is allowed 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, failing which the complainant is allowed to execute the order against the opposite parties under the provisions of consumer protection Act.

Sd/- Sd/- Sd/- President Member Member

APPENDIX

Exhibits for the complainant A1.Receipt dto.28.10.98 issued by OP A2.Receipt dt.3.10.05 issued by OP

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