9.9.08<br /> <br /> Smt.M.D.Jessy, Member<br /> This is a complaint filed under section12 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 1st opposite party he assured that 2nd opposite party will be 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 1st opposite party. More over they 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. 1st 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 1st opposite party filed 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 1st opposite party had acted as a franchisee and the amount was handed over to the 2nd opposite party and hence they are not liable to refund the amount and hence the complaint is liable to be dismissed.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Wherther 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. Relkef and cost.<br /> The evidence consists of the oral testimony of PW1 and Exts. A1 and A2.<br /> Issue Nos. 1 to 3:<br /> The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount of Rs.5750/-. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the connection certificate and Ext.A2 is the surrender certificate. Complainant stated that the opposite parties did not supply gas regularly. It is understandable that if there is no supply of gas that creates much trouble to those consumers of gas users. When it was complained to 1st opposite party his explanation was that 2nd and 3eds opposite parties are responsible for those troubles Ext.A1 connection certificate A2 is the surrendering certificate which shows that the complainant had surrendered two cylinders and one regulator to 1st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs.5750/- to the complainant. Thus issues 1 to 3 are 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/ Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Connection certificate<br /> A2.Receipt dt.29.8.06 issued by OP1<br /> Exhibits for the opposite parties: Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />