<br /> <br /> <br /> By SRI.K. VIJAYKUMARAN ACHARY, PRESIDENT.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The 1st opp.party is running a Gas agency in the name and style Neethi Gas. Opp.parties 2 and 3 are the distribution agencies of opp.party1. The complainant to a gas connection with consumer NO.11571. The complainant was attracted by the publicity given by opp.party 1 that the connection will be given the application itself applied for the connection it was a time with the Indian Oil Corporation, Bharath Petroleum Corporation etc. were giving connection more than 5 years after the application. The complainant paid Rs. 4750/- towards the value of two cylinders and regulator. But the service of opp.parties are not satisfactory. They were unable to supply refills as per the demands of the consumers. The opp.parties are also charging higher rates of the refills . IN addition to that consumer will have to avail four months for getting refills. Therefore the complainant is not satisfied with the service of the opp.parties and because of the deficiency in service he has for cancellation the gas connection. But they refuse stating that there is no provision for refund of the deposit. Hence the complaint .<br /> <br /> Opp. Parties 1 and 3 and exparte. The 2nd opp.party filed a version contending interalia that the complainant is not maintainable. The complainant applied through the 1st opp.party for gas connection and the first opp.party provided gas connection for which Rs.4750/- was collected by the first opp.party on 1.6.2000 through the 2nd opp.party. There is no deficiency in service on the part of the 2nd opp.party. The 2nd opp.party is supplying cylinders to the consumers in accordance with the receipt of the same from the first opp.party. The 2nd opp.party is not releasing additional charged or other expense from the consumer the liability to cancel the gas connection and refund the deposit to the complainant is on the first opp.party and the 2nd opp.party has no role. The complainant is not entitled to get any amount from the 2nd opp.party. The 2nd opp.party was infact an unnecessary party of the complainant. Hence the 2nd opp.party prays to dismiss the complaint.<br /> <br /> Points that would arise for consideration are:<br /> <br /> [i] Whether there is deficiency in service on the part of the opp.parties<br /> [ii] Reliefs and costs.<br /> <br /> <br /> <br /> For the complainant PW.1. is examined. Ext.P1 to P6 are marked.<br /> <br /> No oral evidence is adduced by the opp.parties.<br /> <br /> <br /> Points [i] & [ii] :<br /> <br /> The complainant has given evidence as PW.1. According to the complainant he has avail Gas Connection from the first opp.party depositing higher amount than the prevailing rates amount the public sector undertakings as gas connection from the public sectory undertakings are not easily available. According to the complainant though the opp.party agrrieved to aprovide gas cylinders . A ccording to the requirements of the consumer we are not providing the same and also collected much higher charges than the public sector undertakings. Since he was dissatisfied of the service of the opp.party he issue Ext.P2 notice demanding cancellation of gas connection and returning the deposit evidenced by Ext.P3 postal receipt. Ext.P2 was accepted by the opp.party as per the Ext.P2 acknowledgements. However the neither the connection was cancelled no the deposit was refund.<br /> <br /> The 2nd opp.party submitted that the deposit from the complainant was collected by the first opp.party through the 2nd opp.party and they have no role in canceling the connection and the returning the deposit at all to be done by the 1st opp.parlty. As point out earlier opp.party 1 and 3 are exparty. The 2nd opp.party has no case that they are supplying cylinders to the complainant since the complainant has changed the connection to the 3rd opp.party. The averments of the complainant regarding the deficiency in service of the opp.party 1 and 3 stands un impeached. Hence we find that there is deficiency in service on the part of the opp.party 1 and 3 and therefore the complainant is entitled to get reliefs. Point found accordingly.<br /> <br /> In the result the complaint is allowed directing the opp.parties to refund a deposit of Rs.4750/- to the complainant after canceling gas connection with consumer No.11571. The complaint will return the cylinders and regulators to the opp.party and get refund of the deposit amount . The opp.party directed to pay the sum of Rs.1000/- towards cost and compensation. The order is to be complied with within one month from the date of this order. <br /> <br /> Dated this the 1st day of April, 2008.<br /> <br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> PW.1. – Sasidharan Pillai<br /> <br /> <br /> List of documents for the complainant<br /> P1. –Receipt dt. 1.6.2000<br /> P2. – Notice dt. 1.3.2006<br /> P3. – Postal receipt<br /> P4. – Acknowledgement<br /> P5. – Receipt of under certificate of posting<br /> P6. – Order of O.P. 105/2003<br />