22.8.08<br /> O R D E R<br /> <br /> <br /> <br /> Smt.M.D.Jessy, 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 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 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 sub standard 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 the complaint.<br /> On receiving the complaint notices were issued to the opposite parties and 1st opposite party filed their version admitting that the complainant had taken cooking gas connection by giving an amount of Rs.5750/-. But denied that the opposite parties had assured 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 2nd opposite party hence they are not liable to refund the amount and hence complaint 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 consists of the oral testimony of PW1 and Exts.A1 to A4.<br /> <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, A2 and A4 receipt issued by 1st 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 creates much trouble to those consumers of gas users when it was complained to 1st opposite party his explanation was that 2nd and 3rd opposite parties are responsible for those troubles. Exts.A1 and A2 proves that complainant paid Rs.5750/- at the time of availing gas connection. A3 is the surrendering certificate which shows that the complainant had surrendered two cylinders and one regulator to 1`st opposite party. Hence all the opposite parties are jointly and severally liable to refund Rs. 5750/- to the complainant. These issues are found in favour of the complainant.<br /> In the result the 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 compliant is allowed to execute the order against the opposite parties under the provisions of consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/- <br /> President Member Member <br /> <br /> APPENDIX<br /> Exhibits for the complainant <br /> A1. Cash receipt issued by OP1 dt.16.9.98<br /> A2, Cash receipt issued by OP1 dt.7.10.98<br /> A3.Letter dt.1.1.07 sent to OP1<br /> A4.Connection Certificate dt.7.10.98<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br />