10.10.08<br /> Smt.K.P.Preethakumari, Member<br /> <br /> <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 is that she had availed gas connection by giving Rs.5750/- to 1st opposite party with a condition that it will be refunded back at the time of surrendering the gas connection. Later on the supply of gas became irregular and that supplied was of substandard in quality and quantity. Because of this she had surrendered the gas connection and demanded for deposit amount. But the opposite parties were not ready to do so. Hence the complaint.<br /> After receiving notice from the Forum, 1st and 2nd opposite parties were filed version.<br /> 1st opposite party filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/-. But the 1st opposite party had handed over the amount to 2nd opposite prty.1st opposite party is only a Franchise and hence they have no liability to refund the amount of deposit. <br /> 2nd opposite party also filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/- and some delay was caused in supplying the refilled gas cylinder. Out of the amount received Rs.5500/- was given to 3rd opposite party, Rs.100/- to 1st opposite party and Rs.150/- was appropriated by 2nd opposite party. The delay caused in supplyi9ng the refilled gas cylinder was due to the withdrawal of 3rd opposite party from supplying and hence if any deficiency is found only 3red opposite party is liable for this.<br /> On the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency in service on the part of opposite parties/<br /> 2. Whether the complainant is entitled to any relief/<br /> 3. Relief and cost.<br /> The evidence in this case consists of the oral testimony of PW1 and Ext.A1 and A2.<br /> Issue Nos.1 to 3<br /> Admission of opposite parties along withExt.A1 and A2 proves that the complainant had availed gas connection from 3rd opposite party. 2nd opposite party further admits that some deficiency was caused in supplying gas. So we are of the opinion that all opposite parties are jointly and severally liable to refund the amount of Rs.5750/- to the complainant. These issues are answered accordingly.<br /> In the result, the complaint is allowed in part directing the opposite parties to refund the deposited 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 against the opposite parties under the provisions of the Consumer Protection Act. Complainant is directed to surrender one cylinder and regulator before 1st opposite party after receiving the amount.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1&A2.Receipts dt.27.3.98 and 27.4.98 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: Nil<br /> /forwarded by order/<br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />