8.9.08<br /> K.P.Preethakumari, Member<br /> This is a complaint filed under section12 of the consumer protection Act for an order directing the opposite parties to refund Rs.5750/- with interest and cost.<br /> The complainant’s case is that he had availed gas connection bearing No.3253 on 24.4.1998 by giving Rs.500/- as registration charge and Rs.5250/- as deposit from the 1st opposite party and 2nd and 3rd opposite parties were supplying gas as a joint venture with a stipulation that the above said amount of Rs.5750/- will be refunded at the time of surrendering the gas connection. Later on the supplying of gas became irregular and the price of refilled gas cylinder also increased inordinately. More over the gas supplied was of substandard in quality and quantity. Because of these reasons the complainant had surrendered the gas connection and demanded for the amount as stipulated. But the opposite parties were not ready to refund the amount hence this complaint.<br /> On receiving the complaint, notices were issued to the opposite parties and 1st and 2nd opposite party entered appearance.<br /> 2nd opposite party had filed version admitting that the complainant had availed gas connection by giving an amount of Rs.5750/- and some deficiency was also caused in supplying the refilled gas cylinders within time. Out of the amount Rs.5750/- the 2nd opposite party had given Rs.5500/- to the 3rd opposite party, Rs.100/- to 1st opposite party and Rs.150/- was appropriated by 2nd opposite party. Further the deficiency was caused in supplying gas was not because of any fault committed by them but due to the withdrawal of 3rd opposite party from supplying gas and hence if any deficiency is found, only 3rd opposite party is liable for the same.<br /> On the above pleadings the following issues are raised for consideration<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Relief and cost.<br /> The evidence in this case consists of the oral testimony of the PW1 and Exts. A1 to A3.<br /> Issue Nos. 1 & 2<br /> The opposite parties admitted that the complainant had availed gas connection by giving an amount of Rs.5750/- and some delay was also caused in supplying the gas in time. The above admission along with Exts.A1 and A2 proves that the complainant had availed gas connection by paying Rs.5750/-. A3 is the surrendering certificate, by which the complaint had surrendered the gas connection. So we are of the opinion that some deficiency was caused in supplying gas within time for which all the opposite parties are jointly and severally liable. So the opposite parties are liable to refund 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 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.Connectioncertificate issued by OP to complainant<br /> A2.Receipt dt.27.3.98 issued by OP1.<br /> A3.Certificate dt.19./2.07 issued by OP1<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 /> <br /> Consumer Disputes Redressal Forum, Kannur.<br />