<br /> <br /> <br /> By R.VIJAYAKUMAR, MEMBER.<br /> <br /> <br /> The Complainant filed the complaint for refund of deposit amount Rs. 6,000/- and Service charges Rs. 2,700/-Compensation Rs. 40,000/- and cost.<br /> <br /> The averments in the complaint can be briefly summarized as follows.<br /> <br /> A Coin box was installed by the I opposite party in the Complainants business concern on 13/04/06 and Airtel connection was also provided by the opposite party. I opposite party assured that if there is any default in the Coin box it shall be replaced. The opposite party failed in keeping his assurance. Even though the complainant informed, no steps was taken by the opposite parties to rectify the defects. This resulted in lapsing of telephonic Cards which has been charged to the Coin box.<br /> <br /> On 25.02.07 Complainant returned the coin box to the I opposite party and it was repaired and returned back to the complainant by the opposite party. But the Coin box was defunct. The telephonic card for Rs. 670/- recharged to the Coin box could not used. Complainant handed over the coin box but it was not repaired or returned.<br /> <br /> On 21/04/7 Complainant sent a Legal notice to the opposite parties. But no positive steps were taken by the opposite parties. Hence the complainant filed this complaint for getting relief.<br /> <br /> Opposite parties 1 and 2 remained absent. Hence they set exparte. Complainant filed affidavit. Exhibits P1 to P6 were marked. <br /> <br /> The complainant was examined as Pw1.<br /> <br /> The points that would arise for consideration are:-<br /> <br /> 1) Whether there is any deficiency in service on the part of opposite party <br /> 2) Compensation and cost.<br /> <br /> In the cross examination complainant stated that opposite parties 3 and 4 <br /> <br /> Were included only for providing that the Coin box was used, No relief were claimed to get from opposite parties 3 and 4. As the I and II opposite parties remained absent we are constrained to relay upon the evidence adduced by the complaint. The complainant could prove his case through the complaint, affidavit and exhibits. On perusal of exhibits we fund that there is deficiency in service on the part of opposite party. The I opposite party is directed to repay the deposited amount Rs. 6,000/- with an interest at the rate of 6% per annum from the date of installation of Coin box till realization of the amount and service charge Rs 2,700/- and to pay compensation Rs. 5,000/- and Rs. 1,500/-as cost.<br /> <br /> The order is to be complied with within one month from the date of receipt of this order. <br /> <br /> Dated this the 30th June, 2008<br /> <br /> <br /> <br /> INDEX<br /> <br /> List of documents for the complaint.<br /> <br /> P1 Receipt dt. 28.2.07<br /> P2 Advocate notice<br /> P3 Postal receipts (3Nos)<br /> P4 Acknowledgement Cards (3 Nos)<br /> P5 Complaint filed before P.S.<br /> P6 Receipt given from the P.S. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />