Smt.JESSY.M.D: <br /> This is a complaint filed under Section 12 of the Consumer Protection Act for getting an order directing the opposite parties to refund Rs 5750/- with interest and cost.<br /> The case of the complainant in brief is as follows. The opposite parties jointly provided gas connection for domestic purposes . The opposite parties offered spot connection and regular supply of gas cylinders without any delay. When complainant approached the first opposite party he assured that 2nd opposite party will provide gas connection on deposit of Rs 5750/-which will be refunded in the event of termination of the gas connection. Complainant paid Rs 5750/- and availed gas connection. But later on the supply of gas happened to be irregular as against the assurance of the first opposite party. Moreover the supplied refilled gas cylinders, were of substandard in quality and quantity. Hence the complainant cancelled the gas connection and asked for refund of the amount. First opposite party was not ready to refund the amount and hence this complaint.<br /> On receiving the complaint notices were issued to the opposite parties and first opposite party filed their version admitting that the complainant had taken cooking gas connection by giving an amount of Rs 5750/-. But denied the contentions that the opposite party had assured that the amount will be refunded at the time of surrendering connection. The first opposite party had acted as a franchise and the amount was handed over to the opposite party no.2 and hence they are not liable to refund the amount and hence complaint against first opposite party is liable to be dismissed.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency in service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for remedy as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence consist of chief affidavit and exhibits A1 and A2.<br /> ISSUE Nos. 1 to 3.<br /> The complainant has stated in the complaint that he has availed gas connection from first opposite party by paying an amount of Rs 5750/-. The complainant was assured that the amount will be refunded at the time when equipments are surrendered. Exhibits A1 and A2s are the receipts issued by opposite party proves that the complainant has taken gas connection from opposite parties. Complainant stated that the opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that crates much trouble to those consumers of gas users. When it was complained to the first opposite party his explanation was that 2nd opposite party is responsible for those troubles. Exts. A1 and A2 proves the complainant paid Rs 5750/- at the time of availing gas connection.Thus both opposite parties are responsible for those troubles. Hence all the opposite parties are jointly and severally liable to refund Rs 5750/- to the complainant. Thus issue Nos. 1 to 3 is found in favour of the complainant.<br /> In the result, complaint is allowed 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 Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/- PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 30.3.98 issued by the first opposite party<br /> A2. Receipt dt. 24.4.98 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 />