6.10.08<br /> K.P.Preethakumari, Member<br /> This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- to the complainant with interest and cost.<br /> The complainant’s case is that he had availed gas connection by paying an amount of Rs.5750/- to 1st opposite party and the 2nd opposite party was supplying the gas with a stipulation that the deposited amount will be refunded at the time of surrendering the gas connection. Later the supply of refilled gas became irregular and the price was increased inordinately. The gas supplied was of substandard in quality and quantity. Because of this the complainant had disconneceted the gas connection and demanded for refund. But the opposite parties were not ready to refund the same. Hence this complaint.<br /> On receiving the notice from the Forum, the 2nd opposite party had filed version admitting that the complainant had availed gas connection from 1st opposite party by giving an amount of Rs.5750/- and the 2nd opposite party was supplying the gas. There caused some delay in supplying the refilled gas cylinder due to the withdrawal of Koldy gas from supplying gas. Out of amount received, Rs.5500/- was handed over to Koldy Petroleum, Rs.100/- to 1st opposite party and Rs.150/- was appropriated itself. So the 2nd opposite party has no liability to refund the amount.<br /> Upon the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Whether the complainant is entitled to any relief as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence in this case consists of the oral testimony of PW1 and Ext.A1 to A4.<br /> Issues 1 to 3<br /> The 2nd opposite party admits that the complainant had availed gas connection b y giving an amount of Rs.5750/-. Further admits that there caused some delay in supplying gas. So it is clear that some deficiency on the part of the opposite parties. So the opposite parties are jointly and severally liable to refund the amount. So the complainant is entitled to get refund of Rs.5750/- from the opposite parties.<br /> In the result, the complaint is allowed in part 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 the consumer protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1 and A2.Cash Bills dt.15.4.98 and27.4.98 issued by OP1.<br /> A3.Certificazte dt.29.8.08 issued by OP1<br /> A4.Letter dt.26.8.06 issued by OP1<br /> <br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />