O R D E R R.Vijayakumar, Member. (2) The complaint is filed Under Section 12 of Consumer Protection Act. Briefly summarized the facts of the case as that the complainants purchased Neethi Gas from second opposite party’s outlet on 23.08.2000. The first complainant’s Consumer No is 04921 and that of the second complainant is 14482. As the first opposite party who is the supplier of Neethi Gas charged unreasonable rate for refilling, complainants discontinued the purchase of Neethi Gas and demanded refund of caution deposit Rs.5750/ each. Two cylinders and Regulators were also returned to the second opposite party by the complainants. The second opposite party informed the complainants that they have informed the matter to first opposite party and the second opposite party is only a distributor. At the time of issuing connection opposite parties convinced the consumer that they will provide gas and refill as that of the public sector companies. But they have raised charges according to their whims and fancies. Even after the return of cylinders and regulators, opposite parties are reluctant to return the caution deposit. The opposite parties are legally liable for deficiency in service and unfair trade practice. The complainants sustained mental agony and financial loss. Hence the complaint is filed for redressal of grievance. The second opposite party filed version contenting that there is no deficiency in service from their part as the second opposite party is only a dealer. The role of second opposite party is only that of an outlet of first opposite party. (3) Even though sufficient opportunities had been given, the first opposite party remained absent. Hence set exparte. The complainant filed affidavit, PW1 examined. Exhibits P1 to P3 filed. The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. Points (1) and (2) We have perused the all documents in detail. We find that there is deficiency in service on the part of first opposite party. As only dealer and as intimated the matter to first opposite party in time, there is no deficiency in service on the part of second opposite party. In the result, the complaint is allowed directing the first opposite party to refund Rs.5750/- each to the complainants 1 and 2 along with interest at the rate of 9% per annum from the dates of requisition made by the complainants till the date of payment. The first opposite party is also directed to pay cost Rs.1000/- to the complainants. The order is to be complied with within one month of the date of receipt of the order. Dated this the 30th day of June 2010. K.Vijayakumaran : Sd/- Adv.Ravi Susha : Sd/- R.Vijayakumar : Sd/- / / Forwarded by Order / / Senior Superintendent INDEX List of witness for complainant PW1 - Jose List of documents for complainant P1 - Reply letter dated: 15.06.09. P2 - Letter acknowledged by second opposite party P3 - Copy of order in CC/227/07 | 
