Act for getting an order directing the opposite parties to refund ` 5750 together with interest.  

         As per the averments in the complaint, the complainant has taken cooking gas connection from opposite parties through 1^st opposite party, Kappad Service Co-operative Bank.   The distribution of gas connection is a joint effort of all opposite parties.   Complainant paid `5750 at the time of taking the connection and he was then assured by the 1^st opposite party that the amount would be refunded when the equipments are returned.  Since the gas distribution become irregular along with high increase of price of gas, the complainant constrained to surrender the equipments and disconnecting the gas connection.  Even after surrendering the equipments opposite party did not take care to refund the amount.   Hence this complaint.

After receiving the complaint Forum sent notices to both sides.   2^nd opposite party sent their version.  Opposite party filed their version contending that at the time of giving cooking gas connection Consumerfed had received ` 5750 from all the consumers including the complainant in this O.P.  Out of this amount  ` 5500 was given to Koldy Petroleum India Ltd and ` 100 to primary societies through which connection was availed and Consumerfed itself appropriated ` 150.  As per the agreement with the Koldy Petroleum India Ltd., they supplied two cylinders and one regulator to each consumers.  The filled cylinders in a periodical manner were also supplied by Koldy Petroleum India Ltd.  They further admit that some delay was caused in supplying refilled gas cylinder which was caused not because of any default committed by 2^nd  opposite party.  So 2^nd opposite party is not liable.

          On the above pleadings the following issues were raised for consideration.

1.        Whether there is any deficiency of service on the part of the opposite parties?

2.        Whether the complainant is entitled for remedy as prayed in the complaint?

3.        Relief and cost?

The evidence consists of chief affidavit of the complainant and Ext.A1 and A7 marked.

Issue No.1 to 3 :

          The complainant has stated in the complaint that he has availed gas connection from 1^st opposite party by paying an amount of `5750.  The complainant was assured that the amount will be refunded at the time when the equipments are surrendered.  Ext.A1 is the receipt dated 12.12.2009 which shows that complainant has paid `5750 for availing gas connection from 1^st opposite party.  It is the specific case of the complainant that there was deficiency of service on the part of 1^st opposite party in supplying gas to the customers. Ext.A5 is the Copy of the lawyer notice written for complainant to Kappad Service co-operative Bank demanding deposit amount.  Ext.A3 is the postal receipt.   Ext.A4 is the acknowledgment card. Ext.A6 is the copy of the lawyer notice written for complainant to Kerala State Co-operative Consumer Federation.  Ext.A7 is the reply from Consumer Federation to complainant intimating that complainant has to return cylinders and regulator through Sangam and accept `2500 by cheque from Sangam.  Here all opposite parties are jointly and severally liable to refund `5750 to the complainant. Ext.A2 is the surrendering certificate dated 12.12.2009 which shows that complainant surrendered two cylinders and one regulator to Opposite Party No.1.

          Hence the complainant is entitled to get refunding of the security amount of ` 5750.  Considering the peculiar situation we are avoiding cost and compensation. 

          In the result, the complaint is allowed directing the opposite parties to refund ` 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 entitled to execute the order as per the provisions of Consumer Protection Act.        

          Dated this the 21^st day of June, 2012.

                             Sd/-                        Sd/-               Sd/-

                        President                   Member         Member

APPENDIX

Exhibits for the Complainant

A1.  Certificate dated 12.12.09 from 1^st OP.

A2.  Receipt certificate dated 12.12.09 from 1^st OP.

A3.  Postal receipt.

A4.  Acknowledgment card.

A5.  Copy of lawyer notice dated 10.01.2012.

A6.  Copy of lawyer notice dated 23.03.2012.

A7.  Copy of letter dated 14.03.12.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT