<br /> Smt.PREETHAKUMARI. K.P. MEMBER <br /> <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 gas connection from the first opposite party in 1998 by giving Rs 500/- as advance and Rs 5250/-as deposit and all the opposite parties were supplying gas as a joint venture. Since the supply of gas became irregular and the price of the refilled gas cylinder was increased inordinately, the complainant was forced to surrender the gas connection. But they were not ready to refund the deposited amount of Rs 5750/-. Hence this complaint.<br /> On receiving notice the opposite party filed version. Opposite party no.1 filed version admitting that the complainant had availed gas connection by giving an amount of Rs 5750/-. But they had handed over the amount to opposite party no.2 and opposite party no.1 is only an agent and has no liability.<br /> Opposite party no.2 also filed version admitting that the complainant had availed gas connection by paying Rs 5750/-from opposite party no.1 and the opposite party no.1 had handed over the amount to opposite party no.2. But out of which Rs 5500/- was handed over to the opposite party no.3, Rs 100/- to the opposite party no.1 and Rs 150/- was appropriated by itself. They further admits that the delay caused in supplying the refilled cylinder was not because of any fault on their part but due to the withdrawal of opposite party no.3 from supplying gas. So if any deficiency is found, only the opposite party no.3 is liable for the same. <br /> In the meantime complainant expired on 5.2.08 and the death certificate was produced with a petition to implead the legal heirs of the complainant ie; K.K.Lakshmikutty(wife), Dhanya and Dhanesh as the complainant and same was allowed.<br /> From the above pleadings the following issues are raised for consideration.<br /> 1. Whether there is any deficiency on the part of the opposite parties?<br /> 2. Relief and cost.<br /> The evidence in the above case consists of exhibits A1 and A2.<br /> The admission of the opposite parties along with Ext. A1 shows that the complainant had availed gas connection by giving an amount of Rs 5750/- and some deficiency also caused in supplying refilled gas cylinder. Hence we are of the opinion that the opposite parties are jointly and severally liable to refund the deposit amount of Rs 5750/- to the complainant and the issues are answered accordingly.<br /> In the result, the complaint is allowed in part direting the opposite parties to refund the deposited amount of Rs 5750/-( Rupees five thousand seven hundred and fifty only) to the complainant within one month from the date of receipt of this order otherwise the complainant is at liberty to execute the order under the provisions of the Consumer Protection Act.<br /> Sd/-MEMBER Sd/-MEMBER Sd/-PRESIDENT<br /> APPENDIX <br /> Exhibits for the complainant<br /> A1. Conection certificate issued by the opposite party<br /> A2. Certificate dt. 06.1.2006 issued by the first opposite party<br /> Exhibits for the opposite party – NIL<br /> Witness examined for the complainant-Nil<br /> Witness examined for the opposite party – NIL<br /> Forwarded/ by order <br /> SENIOR SUPERINTENDENT<br /> <br /> <br /> <br />