10.12.08 Smt.K.P.Preethakumari 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. The complainant’s case is that she had availed gas connection on 9.4.1998 from1st opposite party by giving an amount of Rs.5750/- with a stipulation that the deposited amount will be returned back at the time of surrendering the gas connection. 2nd and 3rd opposite parties were supplying refilled gas cylinder as a joint venture. Later on the supply of refilled gas cylinder became irregular and that supplied was of substandard both in quality and quantity. Because of this, the complainant had surrendered the gas connection and e\demanded for refund of the deposited amount of Rs.5750/-. But the opposite parties were not ready to do so. Hence the complaint. On receiving the complaint, notices were issued to the opposite parties. But even though all of them were acknowledged the same, they were not entered appearance. The main question to be considered is that, whether there is any deficiency and whether the opposite parties are liable for the same. The evidence in this case consists as the Exts.A1 to A3. Exts.A1 and A2 are the receipts for the deposit amount of Rs.5750/- and A3 is the surrendering certificate. A1 to A3 proves beyond doubt that complainant had availed gas connection by giving an amount of Rs.5750/- and she had surrendered the same. She alleged that she had surrendered the gas connection due to delay in supplying refilled gas cylinder and its low quality. No contrary evidence is on record. So we are of the opinion that some deficiency on the part of the opposite parties for which all the opposite parties are jointly and severally liable to compensate the complaint by refunding the deposited amount of Rs.5750/- and the complainant is entitled for it. 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. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt dt.9.4.08 issued by OP1 A2.Receipt dt.22.4.08 issued by OP1 A3.Receipt dt.20.9.07 issued by OP Exhibits for the opposite parties Nil Witness examined for either side Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur Despatched on Through post/h
......................GOPALAN.K ......................JESSY.M.D ......................PREETHAKUMARI.K.P | |