By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant is aggrieved that the supply of cooking gas by opposite parties is not regular and that the stove purchased along with the gas connection has manufacturing defects. He claims refund of Rs.3200/- paid at the time of availing connection, Compensation and costs.<br /> <br /> 2. 1st opposite party set exparte on 27-11-2003. Opposite party No.2 version filed admitting that opposite party No.1 is the dealer and opposite party No.2 is the manufacturer and bottler of MFC bran d L.P.G. 2nd opposite party used to sell gas connection and gas refills to opposite party No.1 on due payments. Whenever order was placed the supply was made without delay. That 2nd opposite party is unaware of the promises and assurances given by 1st opposite party and that 2nd opposite party has no connection with the sale of gas stove. That there is no deficiency in service on the side of 2nd opposite party.<br /> 3. Evidence in this case consists of Exts.A1 to A7 marked on the side of complainant. No documents marked on the side of opposite party. No affidavits filed by either side.<br /> 4. Complainant is aggrieved that the supply of gas is not regular and that there is no home delivery as assured by 1st opposite party. That the stove purchased has manufacturing defects. Eventhough complainant raises allegations against both opposite parties he has not filed any affidavit or adduced any evidence to show that 2nd opposite party has committed deficiency in service or unfair trade practice. Ext.A1 to A7 proves that gas connection was availed from 1st opposite party and the stove was also purchased from 1st opposite party. We hold that complainant has proved deficiency in service against 1st opposite party. 2nd opposite party is exonerated from liability.<br /> 5. In the result, we allow the complaint and 1st opposite party is ordered to refund the sum of Rs.3200/- to the complainant within three weeks from the date of receipt of copy of this order along with costs of Rs.1000/-. On payment complainant shall return the gas cylinders to 1st opposite party..<br /> <br /> Dated this 3rd day of January, 2007.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A7<br /> Ext.A1 : Consumer card in favour of complainant.<br /> Ext.A2 : Receipt for Rs.200/- dated, 19-5-2000 from 1st <br /> opposite party to complainant.<br /> Ext.A3 series : Receipts (13 Nos.) from 1st opposite party to complainant.<br /> Ext.A4 : Instruction Manual cum guarantee card<br /> Ext.A5 : Advertisement.<br /> Ext.A6 : Advertisement.<br /> Ext.A7 : consumer card.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />