ADV. RAVI SUSHA, MEMBER.<br /> <br /> This complaint is filed by the complainant for cancellation of gas connection and to get Rs. 1000/- as compensation and other reliefs.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The 1st opp.party is running a Gas agency in the name and style Neethi Gas. The complainant took a Gas connection from the opp.parties by registering his name before the 2nd opp.party. The complainant paid Rs.5,520/- before the 1st opp.party’s office towards the value of two cylinders and regulator. But the service of opp.parties are not satisfactory. They are not supplying refills as per the demands of the consumers. Therefore the complainant is not satisfied with the service of the opp.parties and because of the deficiency in service he has apply for cancellation the gas connection. But the opp.parties refused stating that there is no provision for refund of the deposit. Hence the complaint.<br /> <br /> Opp.parties 1 and 2 filed joint version contending interalia, that the complaint is not maintainable. The opp.parties one and two are functioning as on agent of the third opp.party. The first and 2nd opp.parties are having no direct relationship with the complainant. They are working under the strict regulation of the additional third opp.party.<br /> The 3rd opp.party has filed version denying the allegations in the complaint and prays to dismiss the complaint. But additional 3rd opp.party did not adduce any oral or documentary evidence before the Forum.<br /> <br /> Points that would arise for consideration are:<br /> 1. Whether there is deficiency in service on the part of the opp.parties.<br /> 2. Reliefs and costs.<br /> For the complainant PW.1 to 3 are examined. Ext. P1 series and Pr, P2.a are marked.<br /> For the opp.party DW.1 is examined. Ext. D1 to D7 are marked.<br /> <br /> Points<br /> The 1st and 2nd opp.parties submitted that the deposit from the complainant was collected by the additional 3rd opp.party through the 2nd opp.party and they have no role in canceling the connection and returning the deposit. It is the additional 3rd opp.party to refund the deposit.<br /> The additional 3rd opp.party in their version admits that they have received Rs.5750/- from the complainant. As pointed out earlier the 3rd opp.party has not adduced any oral or documentary evidence before the Forum. Through Ext.D1 to D7 the 1st and 2nd opp.parties proved that there is no deficiency in service on the part. As the 3rd opp.party has not adduced any evidence we are constrained to rely upon the evidence of the complainant and opp.parties 1 and 2. Hence we find that there is deficiency in service on the part of the additional 3rd opp.party and therefore the complainant is entitled to get reliefs. Point found accordingly.<br /> In the result the complaint is allowed; directing the 3rd opp.party to refund the deposit amount of Rs.5750/- to the complainant after canceling the gas connection Consumer No.21582. The 3rd opp.party is directed to pay a sum of Rs.1000/- towards cost and compensation. The order is to be complied with within one month from the date of this order.<br /> Dated this the 26th day of February, 2008-09-26<br /> <br /> <br /> <br /> I n d e x<br /> List of witnesses for the complainant:<br /> PW.1. – Sivadasan Nair<br /> PW.2. – Santhosh<br /> PW.3. – PD.3. –Vinayan<br /> List of documents for the complainant<br /> P1. – Receipts [3 Nos.]<br /> P2. - Indane customer subscription voucher<br /> P2.a- Voucher<br /> List of witnesses for the opp.parties<br /> DW.1. – Gopinatha Kurup<br /> List of documents for the opp.parties<br /> D1. – Application form<br /> D2. – Circular of opp.party<br /> D3. – Notice dt. 16.3.2005<br /> D4. – Acknowledgement card.<br /> D5. – Duplicate copy of receipt<br /> D6. – Register pages from 1 to 32<br /> D7. – Surrender of Regulatory Register<br />