Sri.K.GOPALAN: PRESIDENT<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund the deposit amount of Rs 5750/- with interest @ 12% per annum and cost.<br /> The case of the complainant in brief are as follows: The complainant has taken gas connection from opposite party No.2 on 2.3.99 . The complainant paid Rs 500/- as registration charge and RS 5250/- as depodit. The complainant has produced the connection certificate issued by opposite party NO.3 on 2.3.1999. The first and third opposite parties were distributing gas through the 2nd opposite party. AS per the terms opposite parties are lliable to supply gas regularly and in the event of non supply the complainant is at libterty to surrender cylinders and regulator and to get the deposit amount refunded. The opposite party was irregular in supplying the gas. The complainant was told by the 2nd opposite party that the Ist and 3rd opposite parties are responsible for the non supply of gas. Thus the complainant was pressed to surrender the equipments. He surrendered cylinders and regulator before the 2nd opposite party and obtained receipt thereon. Though equipments were surrendered the opposite parties refused to refund the amount. Hence this complaint.<br /> Notice was issued to opposite party 1 to 3 but they neither cared to appear before the Forum to conduct the matter nor filed the version. Subsequently opposite parties 1 to 3 were called absent and set exparte.<br /> The question to be decided is whether there is any deficiency on the part of the opposite parties and whether the complainant is entitled for the remedy as prayed in the complaint.<br /> The evidence consists of the affidavit filed by the complainant and Exts. A1 to A3 marked on his side.<br /> The complainant availed a cooking gas connection from the opposite parties. Ext. A1 is the connection certificate issued by opposite party No.3. The complainant has stated in his affidavit that he has paid RS 500/- as registration fee and Rs 5250/- as deposit. AT the time of giving cooking gas connection an amount of Rs 5750/- will be received from all the consumers. Ext. A2 shows that the equipments were surrendered before the opposite party NO.2 and Ext.A3 reveals that the complainant has tried his level best to get the money refunded but in vain..<br /> It is relevant to note that when the gas is not supplied the consumer has no use with the empty cylinder and regulator. It can be seen from the available evidence on record that gas was not regularly supplied. As such there is deficiency in service on the part of the opposite party. So it is the duty of the opposite parties to refund the amount to the complainant.But the amount was not refunded. Since the equipment belong to opposite party it is the duty of the opposite parties to refund the amount when equipments were surrendered. There is no fault on the side of complainant for the supply of gas to come to a standstill.. Thus the complainant is entitled to get refund of the amount of Rs 5750/- paid by the complainant. Order passed accordingly.<br /> In the result the complaint is allowed partly directing the opposite party to refund an amount of Rs 5750/- to the complainant within one month from the 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.<br /> Sd/- MEMBER Sd/- MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Connection certificate issued by the oppositeparty<br /> A2. Receipt dt. 25.5.2006 issued by the 2nd opposite party<br /> A3. Notice issued by the District Legal Srvices Authority, Kannur. Dt. 20.1.2007<br /> Exhibits for the opposite party – NIL<br /> Witness examined on either side. NIL <br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br />