1.11.2008<br /> Smt.M.D.Jessy, Member<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 were 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 1st opposite party they 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 b e irregular as against the assurance of the 1st opposite party. More over they supplied refilled gas cylinders were of substandard 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 /> After receiving the notice from the Forum 2nd opposite party filed version admitting that the complainant had availed gas connection by paying Rs.5750/- to the 1st opposite party. But the 1st opposite party was handed over the amount to 2nd opposite party. Out of which 2nd opposite party had given Rs.5500/- to Koldy Petroleum India Ltd., Rs.100/- to 1st opposite party and 2nd opposite party had appropriated Rs.150/- itself. They further admits that some delay was caused in supplying refilled gas cylinder which was caused not because of any default committed by 2nd opposite party but due to withdrawal of Koldy Petroleum, from supplying a gas and hence if any liability is found only Koldy Petroleum India Ltd. is liable.<br /> <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 oral testimony of PW1 and Ext.A1 <br /> Issue Nos. 1 to 3<br /> The complainant has stated in the complaint that she has availed gas connection from1st opposite party b paying an amount of Rs.57500/-. The complainant was assured that the amount would be refunded at the time when the equipments are surrendered. Ext.A1 is the surrendering certificate. Complainant stated that the opposite parties did not supply gas regularly. It is understoodable 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 opposite party is responsible for those troubles. Ext.A1 shows that 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 the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Certificate dt.4.9.08 issued by OP1 to complainant<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 /> <br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> Despatched on<br />