10.10.08<br /> K.P.Preethakumari, Member<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 a gas connection from 1st opposite in the year 1997 by depositing an amount of Rs.5750/-. At that time the 1st opposite party stated to him that they will return the security amount of Rs.5750/- as and when they are not supplying refilled gas cylinder or when the complainant does not want the gas connection. He had used it till in the year 2006. But thereafter the opposite parties were failed to supply the refilled gas cylinder within time. So the complainant was forced to surrender the gas connection and demanded for security amount. But the opposite parties were not willing to do. Hence this complaint.<br /> After receiving the notice from the Forum, opposite parties are filed their versions.<br /> The 1st opposite party filed version admitting that the complainant had availed gas connection by paying an amount of Rs.5750/-. But the deficiency of service was happened on the part of 1st opposite party, since the project of supplying gas was introduced by 2nd opposite party and Koldy Petroleum and the 1st opposite party was acted only as an intermediator. Further the amount was handed over to the 2nd opposite party. So the complaint against them is liable to be dismissed.<br /> 2nd opposite party also filed version admitting that the complainant had availed gas connection by paying Rs.5750/- to 1st opposite party and 1st opposite party has handed over the amount to 2nd opposite party. Out of which Rs.5500/- was given to Koldy Petroleum, Rs.100/- was given to 1st opposite party and Rs.150/- was appropriated by2nd opposite party itself. Further the delay caused in supplying the gas was occurred due to the withdrawal of Koldy Gas from supplying gas and not because of any act of 2nd opposite party and hence if any deficiency is found only Koldy Petroleum India Ltd. is responsible for the same.<br /> On the above pleadings the following issues are raised for consideration<br /> 1. Whether there is any deficiency on the part of opposite parties?<br /> 2. Whether the complainant is entitled to get an order as prayed in the complaint?<br /> 3. Relief and cost.<br /> The evidence in this case consists of the chief Affidavit filed by the complainant in lieu of chief examination and Ext.A1.<br /> Issue Nos. 1 to 3<br /> The admission of the opposite parties shows that the complaint had availed gas connection by paying an amount of Rs.5750/- to the opposite party and some delay was caused in supplying refilled gas cylinder within time. Ext.A1 is the surrender certificate. So we are of the opinion that there caused some deficiency in service and hence all the opposite parties are jointly and severally liable to refund the deposit amount of Rs.5750/- to the complainant.<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 /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> Receipt dt.27.4.06 issued by OP1<br /> Exhibits for the opposite parties: Nil<br /> Witness examined for either side: Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> Consumer Disputes Redressal Forum, Kannur<br />