15.9.08<br /> K.P.Preethakumari, Member<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 a gas connection from 1st opposite party by giving Rs.500/- as advance and Rs.5250/- as deposit with a stipulation that the amount of Rs.5750/- will be returned to him as and when the connection is being surrendered. The refilled gas cylinder was supplied by 2nd and 3rd opposite parties as a joint venture. Later on the supply of refilled gas cylinder became irregular and there of supplied was of substandard both in quality and quantity. When complainant complained about this, the 1st opposite party told that the 2nd and 3rd opposite parties were responsible for this. Because of this the complainant had surrendered the gas connection and demanded for the amount. But they are not willing to refund the same. Hence this complaint.<br /> On receiving the notice from the Forum, the 1st opposite party only appeared and filed version.<br /> 1st opposite party filed version admitting that the complainant had availed gas connection by giving Rs.5750/- and the amount was handed over to the 2nnd opposite party acting only as an agent and hence they have no liability to refund the amount.<br /> On the above pleadings the following issues were raised for consideration.<br /> 1. Wjhether there is any deficiency on the part of opposite parties?<br /> 2. Whether the complainant is entitled for the remedy as prayed?<br /> 3. Relief and cost.<br /> Ext.A1 marked on the side of the complainant<br /> Issues 1 to 3<br /> The 1st opposite party admitted that the complainant had availed gas connection by paying an amount of Rs.5750/-. They further admitted that delay in supplying gas was due to the act of 2nd and 3rd opposite party. Ext.A1 is the surrender certificate. So we are of the opinion that all opposite parties are liable to refund the amount of Rs.5750/- to the complainant.<br /> In the result, the complaint is allowed in part, directing the opposite parties to refund the 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 against the opposite parties under the provisions of Consumer Protection Act.<br /> Sd/- Sd/- Sd/- <br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Surrender certificate issued by OP1<br /> Exhibits for the opposite parties<br /> Nil<br /> Witness examined for either side<br /> Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />