Smt.PREETHAKUMARI. K.P: 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/- with interest and cost.<br /> The complainant’s case is that he had availed gas connection from the first opposite party by giving an amount of Rs 5750/- with a stipulation that the amount will be refunded at the time of disconnecting the gas connection . Later on the supply of gas became irregular and the gas supplied d was of substandard in quality and quantity. Because of this the complainant had surrendered the gas connection and demanded for the deposit. But they are not willing to do so. Hence this complaint. <br /> On receiving the complaint notices were issued to the opposite parties and opposite party no.2 filed their version admitting that the complainant had availed a gas connection by paying an amount of Rs 5750/- and some deficiency was caused in supplying the refilled gas cylinder within time due to the withdrawal of 3rd opposite party from supplying gas. The amount of Rs 5750/- was handed over by first opposite party to 2nd opposite party and the 2nd opposite party had given Rs 5550/- to the 3rd opposite party, Rs 100/- to the first opposite party and Rs 150/- was appropriated by itself. So if any deficiency is found, only 3rd opposite party is liable for the same and hence the complaint against this opposite party is liable to be dismissed.<br /> From the above pleadings the following issues are framed for consideration.<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Whether the complainant is entitled for any relief?<br /> 3. Relief and cost.<br /> The evidence in the above case consists of the oral testimony of PW1, and Exts. A1 to A3.<br /> The admission of opposite parties along with the Exts. A1 and A2 proves that the complainant had availed gas connection by paying an amount of Rs 5750/-. Ext. A3 is the surrendering certificate. The opposite party also admits that there caused some deficiency in supplying refilled gas. So we are of the opinion that all the opposite parties are jointly and severally liable to refund the amount of Rs 5750/- to the complainant and she is entitled to get the same. Issues are answered accordingly. <br /> In the result, the complaint is allowed in part directing all the opposite parties to refund the 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 at liberty to execute the order under the provisions of Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT <br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Receipt dt. 2.5.98 issued by the first opposite party<br /> A2. Connection Certificate issued by the opposite party<br /> A3. Surrender certificate dt. 26.5.05 issued by the 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 />