Smt.PREETHAKUMARI. K.P: MEMBER <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite parties to refund the deposit amount of Rs 5750/- with 12% interest and Rs 10000/- as compensation and cost.<br /> The complainant’s case is that on 30.3.1998 she had registered for availing gas connection by giving Rs 500/- as advance. Later on 24.4.98 she had obtained gas connection after paying an amount of Rs 5250/- as deposit. At the time of availing gas connection , the opposite parties assured that the deposit amount of Rs 5750/- will be returned back at the time of surrendering the gas connection. But later on the supply of gas become irregular and hence she had decided to surrender the gas connection and had approached for disconnection. But the opposite party no.1 was not ready to accept the same and to return for the refund of deposit amount. But they were not ready to do so and hence this complaint.<br /> On receiving the complaint the Forum had issued notice to the opposite parties . They had filed their version. Later the complaint was amended and supplementary opposite party no.2 was impleaded. Even though notice from the Forum was received by 2nd opposite party they were absent.<br /> The first opposite party filed version admitting that they had availed connection to the complainant by receiving an amount of Rs 500/- as connection charge and Rs 5250/- as deposit. But the same was handed over to the 2nd opposite party. The first opposite party denied the contention that they had given an assurance that the deposited amount will be returned back at the time of surrendering connection. So they have no liability to refund the amount and hence the complaint is liable to be dismissed.<br /> On the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Whether the complainant is entitled for the remedy as prayed?<br /> 3. Relief and cost.<br /> The evidence in the above case consists of the chief affidavit of the complainant in lieu of chief examination and documentary evidence Exts. A1 and A2.<br /> The first opposite part y admits that the complainant had availed gas connection by giving an amount of Rs 5750/-.But it is seen that there caused some delay in supplying refilled gas connection and hence the complainant decided to cancel the gas connection. But opposite parties were not ready to refund the amount of Rs 5750/-. So we are of the opinion that both the opposite parties are jointly and severally liable to return the deposited amount of Rs 5750/- and issues are answered accordingly.<br /> In the result, the complaint is allowed in part directing the opposite parties to refund the deposit amount of 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 at liberty to execute the order under the provisions of Consumer Protection Act. The complainant is directed to surrender the regulator and cylinders before the first opposite party on receipt of such amount.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 24.4.98 issued by the first opposite party<br /> A2. Photo copy of the receipt dt. 30.3.98 issued by the first opposite party<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 />