By G. Yadunadhan, President:

            The complainant obtained Neethi gas connection through the 1^st opposite party from the 2^nd opposite party on deposit of Rs.5500/-.  At the time of giving connection, the 2^nd opposite party undertook to supply refilled gas cylinders as and when required.  But according to the complainant, even after repeated demands the 2^nd opposite party did not supply the refilled gas cylinders as requested by the complainant.  Though the complainant requested to cancel his connection and to return of the deposited amount of Rs.5500/-, after entrusting the cylinders and regulator to the 1^st opposite party, the 2^nd opposite party has given only Rs.2500/- to the complainant.  Hence the complainant is seeking for the return of the remaining amount of Rs.3000/-.

            The 2^nd opposite party filed a version contending as follows:  It is true that the complainant obtained Neethi gas connection from the 2^nd opposite party and the 2^nd Opposite party received an amount of Rs.5750/- from the complainant at the time of giving connection. The complainant is not entitled to get refund of any amount. The amount deposited by the complainant is expended for giving connection.  Hence the complainant is not entitled to get any relief.

            On the above pleadings the only point for consideration is whether the complainant is entitled to get any relief?

            It is the admitted fact that the complainant obtained Neethi gas connection from the 2^nd opposite party on deposit of an amount of Rs.5500/-.  According to the complainant though the 2^nd opposite party agreed to supply refilled gas cylinders as and when required, they did not supply refilled gas cylinders as requested by the complainant.  The 2^nd opposite party has returned only an amount of Rs.2500/- to the complainant. Hence he is seeking for the refund of the remaining amount of Rs.3000/-.  2^nd opposite party contended that the amount cannot be refunded and it is not a deposit and the opposite party is entitled to retain the amount.  But no authority is produced to show under what ground they are entitled to retain the amount.  Hence we find that the complainant is entitled to get refund of the remaining amount of Rs.2750/-.

In the result the petition is allowed and the 2^nd opposite party is ordered to pay an amount of Rs.2750/- to the complainant.

Pronounced in the open court this the _________ day of July 2009.

                                       Sd/-  PRESIDENT                                      Sd/- MEMBER

(Forwarded/by Order)

Senior Superintendent.