Smt.PREETHAKUMARI. K.P.<br /> This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite parties to refund Rs 5750/- and RS 10,000/- as compensation with interest and cost.<br /> The complainant’s case is that he had availed a gas connection being no.325 in 1998 from opposite party by paying an amount of Rs 5750/- with a promise that refilled cylinder will be supplied uninterruptedly and the deposit amount will be refunded back at the time of surrendering the connection, if and when required. Later on supply of refilled cylinder became irregular and the quantity and quality were substandard and hence the complainant was forced to surrender the connection and demanded for the deposit amount. But the opposite parties were not ready to refund the amount. Hence this complaint. <br /> On receiving notice from the Forum, the opposite parties were filed their version.<br /> Opposite party no.1 filed version admitting that complainant had availed connection by paying Rs 5750/- . But contended that the opposite party was acted only as an agent and handed over the amount to opposite party no.2 and hence opposite party no.1 has no liability.<br /> Opposite party no.2 also filed version admitting that complainant had availed gas connection by paying an amount of Rs 5750/-a nd some deficiency was happened due to the withdrawal of Koldy Petroleum from supplying gas and hence they are not liable to refund the amount.<br /> The following points are framed for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. . Relief and cost.<br /> The evidence in this case consists of the oral testimony of PW1 and Exts. A1 to A4<br /> ISSUE Nos. 1 & 2 <br /> Admittedly the complainant had availed gas connection by paying an amount of Rs 5750/-. The opposite parties admittd that deficiency was caused due to withdrawal of KOldy Petroleum from supplying gas. Ext. A3 is the surrender certificate . But the amount was not refunded. So all the opposite parties are jointly and severally liable to refund the amount of Rs 5750/- to the complainant. Issues are answered in favour of the complainant.<br /> In the result, the complaint is allowed partly 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 at liberty to execute the order under the provisions of the Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 14.11.2006 issued by the first opposite party<br /> A2. Connection Certificate issued by the opposite party<br /> A3. Receipt d. 27.6.2007 issued by the first opposite party<br /> A4. Copy of the letter dt. 20.6.2007 sent to the first opposite party.<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant<br /> PW1. Complainant<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br />