Smt. JESSY.M.D: MEMBER <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund Rs 5750/- with a sum of Rs 10,000/- as compensation and cost of this proceedings.<br /> The case of the complainant in brief are as follows: The opposite parties jointly provided gas connection for domestic purposes and offered spot connection and regular supply of refilled gas cylinders without any delay. When complainant approached the 2nd opposite party he assured that Ist opposite party will provide gas connection on deposit of Rs 5750/- which will be refunded in the event of termination of the gas connection. But later on the supply of gas happened to be irregular as against the assurance of the 2nd opposite party. For the last 6 months of filing this complaint, complainant was not getting the refilled gas cylinders in time. The complainant who was solely depending upon gas for cooking suffered great hardship . Hence the complainant cancelled the gas connection and asked to refund of the deposit amount. The opposite parties were not ready to refund the amount and hence the complaint.<br /> On receiving the complaint notices were issued to the opposite parties and the first opposite party appeared and filed version.<br /> First opposite party filed version admitting that the complainant had availed gas connection by paying Rs 5750/- from 2nd opposite party and 2nd opposite party had handed over the amount to first opposite party.But out of which Rs 5500/-was given to Koldy Petroleum India Ltd and Rs 100 to 2nd opposite party and first opposite party itself appropriated RS 150/-. They further admits that the delay caused in supplying the refilled cylinders was not because of any fault on their part. But due to the withdrawal of 3rd opposite party from supplying gas. So if any deficiency is found, only 3rd opposite party is liable for the same.<br /> From the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency in service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for remedy as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence consists of chief affidavit of complainant and Exts. A1 to A5.<br /> ISSUE Nos. 1 to 3: The complainant has stated in the complaint that she has availed gas connection from 2nd 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 issued by 2nd opposite party proves that the complainant has taken gas connection from opposite parties. Complainant stated that the opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to the 2nd opposite party his explanation was that first and 3rd opposite parties are responsible for those troubles. Ext. A2 is the registered notice issued to first opposite party and 2nd opposite party. Ext. A3 is the postal receipt and Ext. A4 and A5 are the acknowledgement cards. Hence all the opposite parties are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant.<br /> 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 complainant is allowed to execute the order against the opposite parties under the provisions of Consumer Protection Act. The complainant is directed to return the cylinders and regulator to 2nd opposite party on receipt of deposit amount.<br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 13.10.98 issued by the 2nd oppositeparty<br /> A2. Photo copy of the lawyer notice dt. 17.1.2004 sent to the opposite parties<br /> A3. 2 Postal receipts.( photo copy)<br /> A4. Acknowledgement card signed by the first opposite party dt. 21.1.2004(photo copy)<br /> A5. Acknowledgment card signed by the 2nd opposite party.(photo copy)<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant-Nil<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br />