Sri.K.Gopalan President This is a complaint filed under section 12 of the consumer Protection Act for getting an order directing the opposite parties to refund the amount of Rs.5750/- with reasonable interest. As per the averment in the complaint, the complainant availed gas connection from the 1stopposite party. The supply of gas had been a joint venture of opposite parties 1 to 3. At the time of getting gas connection 1st opposite party received a sum of Rs.5750/- as deposit from the complainant on condition that the amount will be refunded at any time when the equipments are surrendered. The 1st opposite party did not supplied gas regularly and the price of the gas was also increased excessively. When it was complained to 1st opposite party, he answered that opposite parties 2 and 3 are responsible for this trouble. Because of this reasons the complainant constrained to surrender the equipments before the 1st opposite party and demanded to refund of the amount. But the amount was not refunded. Complainant approached opposite party No.1 again and again, but they were not ready to refund the amount. At last they informed the complainant that they will be able to refund an amount of Rs.2500/- only. On enquiry it is understood that 1st opposite party sent the amount of payment to opposite parties 2 and 3. So the opposite parties are liable to refund an amount of Rs.5750/- with reasonable interest and cost. Notices were issued to opposite parties but they did not take care to appear before the Forum. Version also not filed. Though the matter was posted for settlement no result could be achieved. The oral testimony of complainant as PW1 and Exts.A1 to A3 marked on his side forms the evidence. Admittedly the complainant is a consumer availing gas connection from opposite parties on payment of Rs.5750/-. Ext.A1 is the receipt for an amount of Rs.5750/- issued by the 1st opposite party. Ext.A2 is the letter of surrender on which the endorsement of receiving the equipments were being made b y 1st opposite party. Ext.A3 is the letter sent by the 1st opposite party to complainant informing him that the 2nd opposite party is willing to settle the matter only with a refund of Rs.2500/-. Opposite parties are liable to refund the amount on surrendering of equipments. Irregular distribution of gas is caused not because of any fault on the side of the consumer-complainant. The oral testimony of complainant and Exts.A1 to A3 proves the case of the complainant. There is clear deficiency on the part of opposite parties. Thus the opposite parties are held liable to refund the amount of Rs.5750/-to the complainant. In the result, the complaint is allowed in part directing the opposite parties to refund an 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, failing which the complainant is allowed 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.9.10.98 issued by OP1. A2.Receipt issued by OP1 dt.12.10.2000 A3.Letter dt.21.8.07 issued by OP 1 Exhibits for the opposite parties Nil Witness examined for the complainant PW1.Complainant Witness examined for the opposite parties: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur.
