By SRI. K. VIJAYAKUMARAN ACHARY, PRESIDENT.<br /> <br /> This is a complainant filed by seeking a direction to the opp.party for cancellation of LPG connection and to refund Rs.5750/- deposited by the complainant as security deposit for Neethi Gas connection.<br /> <br /> The complainant’s case can be briefly summarized as follows: The complainant is consumer No.10711 of the opp.party. The complainant attracted by the offer of the opp.party that instant LPG connection will be provided for Rs.5750/- deposited the above sum and took the LPG gas connection. The payment of Rs.5750/- was made in 3 installments through the 2nd opp.party on 7.8.99, 15.9.99, and 29.5.2000. The supply of the LPG refill was not at all satisfactory. There is inordinate delay in providing refills. Exorbitant charge is also levied for refills compared to the gas supplied by the other agencies. Due to the deficiency in service the complainant is not interested in continuing as a consumer of the opp.party. The complainant issued a notice requesting to cancel the LPG connection and to refund the security deposit of Rs.5750/-. But the opp.parties did not refund the amount and hence the complaint.<br /> <br /> The opp.parties are exparte. However the first opp.party has filed a version contending, interalia, that the complaint is not maintainable under section 16A of Kerala Co-operative Societies Act, that LPG connection was provide to the complainant by the opp.party collecting Rs.5750/- at a time when there was inordinate delay for getting LPG connection, that out of it Rs.5500/- was given to Sri. Sakthi LPG Ltd. with whom the first opp.party has entered into an agreement for supply of refill, that the said Sri. Sakthi LPG Ltd. abruptly stopped their business with the result that the opp.party could not supply the refills in time, that there is no deficiency in service or delay in supplying refills, that the amount collection cannot be refunded and that therefore the complaint may be dismissed.<br /> <br /> The points that would arise for consideration are:<br /> <br /> [i] Whether there is deficiency in service on the part of the opp.parties.<br /> <br /> [ii] Reliefs and costs.<br /> <br /> For the complainant PW.1 is examined. Exts. P1 to P8 are marked.<br /> No oral evidence is adduced by the opp.parties.<br /> <br /> Points 1 and 2<br /> <br /> As a matter of fact there is no dispute that the complainant is a consumer of the opp.party. The contention of the complainant is that there is deficiency in service. There is inordinate delay in supply of refills and exorbitant price is charged for the refills. Therefore he does not want to continue as a consumer of the opp.parties. Though the first opp.party would contend in the version that there is no delay in supply of refills or deficiency in service, no evidence was adduced to establish that contentions. The opp.parties did not cross examine the complaint. Therefore, the evidence adduced by the complainant stands un impeached. In these circumstances we are constrained to find that there is deficiency in service on the party of the opp.party and the complainant is entitled to get an order as prayed for. Points found accordingly.<br /> <br /> <br /> <br /> In the result the complaint is allowed, directing the opp.party to refund the security deposit of Rs.5750/- to the complainant after canceling the LPG connection. The opp. parties are directed to pay Rs.1000/- to the complainant towards cost and compensation. The complainant will return the gas cylinders and the regulator to the opp.party on getting the refund of the security deposit. The order is to be complied with within one month from the date of receipt of the order.<br /> <br /> <br /> Dated this the 16TH day of October, 2007<br /> <br /> <br /> <br /> K.Vijayakumaran Achary :Sd/-<br /> <br /> Adv. Ravi Susha :Sd/-<br /> <br /> <br /> Forwarded/by Order<br /> <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> I N D E X<br /> <br /> <br /> List of witnesses for the complainant<br /> PW.1. – Ramakrishna Pillai.<br /> <br /> <br /> List documents for the complainant<br /> P1. – cash receipt dt. 7.8.99<br /> P2. – Receipt dated 15.9.99<br /> P3. – Receipt dated 29.5.2000<br /> P4. – Notice dated 1.3.2006.<br /> P5. – Postal receipt<br /> P6. – Acknowledgement card.<br /> P7. – Receipt under certificate of posting<br /> P8. – Order of CDRF <br /> <br />