22/07/2008<br /> Smt.M.D.Jessy, Member<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite parties to refund Rs.5750/- and cost of these proceedings.<br /> The complainant’s cases in brief are as follows:<br /> The opposite parties jointly provided gas connection for domestic purposes and supplying gas cylinders for the subscribers in the name and style of ‘Koldy Gas’. The opposite parties offered spot connection and regular supply of gas cylinders for its consumers without any delay. When the complainant approached the 1st opposite party he was assured that the 2nd opposite party will provide gas connection on deposit of Rs.5750/- which will be refunded in the event of termination of the gas connection. Complainant paid Rs.5750/- and availed gas connection. But later on the supply of gas became irregular as against the assurance given by the 1st opposite party. For the last 6 months of filing the complaint complainant was not getting the cylinders in time. The complainant who was solely depending upon gas for cooking suffered great hardship and therefore the complainant cancelled the gas connection on 3.7.07 and asked for refund the amount. 1st opposite party was not ready to refund the amount and hence this complaint.<br /> Opposite parties were served notice. But they were not prepared to come before the Forum and not filed their versions.<br /> On the above pleadings the following issues are framed for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Whether the complainant is entitled to get relief as prayed in the complaint?<br /> 3. Relief and costs?<br /> The evidence consists of the oral testimony of the complainant, Ext.A1 and A2.<br /> Issue Nos.1 to 3<br /> The complainant availed gas connection from 1st opposite party. Complainant has stated that he has availed gas connection on payment of Rs.5750/- to 1st opposite party. Ext.A1 proves that the complainant has surrendered two cylinder and regulator. Exct.A2 proves that the complainant has taken gas from the opposite parties. Usually opposite parties issue connection certificate by receiving Rs.5750/-. Thus we are of opinion that the opposite parties are liable to refund the amount of Rs.5750/-. These issues are found favorable to complainant.<br /> In the result, the complaint is allowed 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 allowed 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 /> A1.Receipt dt.3.7.07 issued by OP1.<br /> A2.Connection certificate issued by OP.<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /Forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br />