O R D E R<br /> <br /> Sri.K.Gopalan,President<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to refund an amount of Rs.5750/- with interest and cost.<br /> <br /> As per the averment in the complaint, the complainant has taken gas connection from the opposite parties by paying an amount of Rs.5750/-. Later she has surrendered the equipments before the 1st opposite party and demanded to refund the amount. But the 1st opposite party informed the complainant that they will refund an amount of Rs.2500/- only. The opposite parties were not ready to refund the full amount. Hence this complaint for getting an order to refund the amount of Rs.5750/- with interest and cost. <br /> <br /> Opposite parties 1 and 2 filed version contending that they are not liable to refund the amount. The 1st opposite party admitted that the complainant return back the cylinder and regulator without the request of 1st opposite party. The amount collected by the 1st opposite party was sent to the account of 2nd opposite party at the initial stage itself. 1st opposite party further stated that all the responsibilities are on the shoulders of 2nd opposite party only and 1st opposite party is an unnecessary party. If found any liability 2nd opposite party is answerable.<br /> 2nd opposite party Kerala State Co-op. Consumer Federation filed version contended that the complaint is not maintainable. 2nd opposite party stated that since Consumer fed is not a public sector company dealing with petroleum products, it had to depend on private companies for buying bulk petroleum gas since the rules prevents M/s. Indian Oil& Hindustan Petroleum from selling bulk gas for parallel marketing. Thus consumerfed entered into a contract with Koldy Petroleum India Ltd. for supplying filled cooking gas cylinders to deliver to the societies from where consumers availed cooking gas connection. But after a period, Koldy Petroleum backed out from supplying filled cylinders, there is an arbitration case filed against Koldy Petroleum against this backing out from contract. 2nd opposite party admits that at the time of giving cooking gas connection Consumer Fed had received Rs.5750/- from the consumers including the complainant. 2nd opposite party further stated that when Koldy Petroleum abruptedly stopped supplying gas they were forced to open a plant and supplying of gas cylinders and regulator, resulted in holding a liability of many crores of rupees to the Consumer Fed. Now Consumer fed is supplying cooking gas to consumers incurring heavy loss. The amount collected was only connection fee and therefore the claim for refund is not allowable.<br /> <br /> Admittedly the complainant is a consumer who availed gas connection from opposite parties by paying an amount of Rs.5750/-.Ext.A1is the connection certificate that proves the complainant is a consumer. It is the admitted fact that at the time of giving cooking gas connection Consume fed had received Rs.5750/-.The supply of gas later on came to a stand still for which the complainant has no role and resulted in disconnection and surrendered the equipments, Since the cylinder and regulator belonged to 1st opposite party it is the duty of the opposite parties to refund the amount when this equipments are surrendered. There is clear deficiency on the part of opposite parties the complainant is entitled to get refund of sum of Rs. 5750- and order passed accordingly.<br /> <br /> In the result, the complaint is allowed partly directing the opposite parties to refund an 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 allowed to execute the order against the opposite parties under the provisions of the consumer protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Connection Certificate<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 /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur.<br /> <br />