1.9.08<br /> Smt.K.P.Preethakumarai, Member<br /> <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.10000/- as compensation with interest and cost.<br /> The complainant’s averments are as follows: He had availed gas connection bearing No.350 in the year 1998 from 1st opposite party by paying an amount of Rs.5750/- with a promise that refilled gas cylinder will be supplied uninterruptedly and the deposit amount will be returned back at the time of surrendering connection if and when required. Later on supply of refilled cylinder became irregular and the quality and quantity were substandard and hence the complainant was forced to surrender the gas connection and demanded for the deposit amount. 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 they appeared and filed their version.<br /> 1st opposite party filed version admitting that the complainant had availed connection by paying Rs. 5750/-. But contended that the 1st opposite party was acted only as an agent and handed over the amount to 2nd opposite party and hence 1st opposite party has no liability.<br /> 2nd opposite party also filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/- and 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 /> On the above pleadings the following issues were raised for consideration.<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Relief and cost.<br /> <br /> The evidence in this case consists of the oral testimony of PW1 and Ext.A1.<br /> Issues 1 & 2 <br /> Admittedly the complainant had availed gas connection by paying Rs.5750/- to the opposite parties. Opposite parties were also admits that there caused some delay in supplying the refilled cylinder, which was due to the withdrawal of Koldy Petroleum India Ltd. from supplying gas. Further the Ext.A1 shows that he had surrendered the gas connection. But the amount was not refunded. So we are of the opinion that the opposite parties are jointly and severally liable to refund the amount of Rs.5750/- to the complainant. 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 at liberty 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.Receipt dt.24.7.07 issued by 1st OP<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 />