Kerala

Ernakulam

07/248

CHANDRIKA.P.O. - Complainant(s)

Versus

ANANDAKUMAR - Opp.Party(s)

30 Jun 2008

ORDER


CDRF-ERNAKULAM,KATHRUKKADAVU, COCHIN17
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. 07/248

CHANDRIKA.P.O.
...........Appellant(s)

Vs.

ANANDAKUMAR
...........Respondent(s)


BEFORE:
1. A.RAJESH 2. C.K.LEKHAMMA 3. PROF:PAUL GOMEZ

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

O R D E R A. Rajesh, President. The undisputed facts are that, the complainant procured pre-paid mobile connection No. 9846290777 on 18-12-04 on remitting a sum of Rs. 500/- as deposit with the opposite party. In December 2005 the complainant obtained mobile connection of BSNL and hence she returned her phone connection to the opposite party. She had been remitting the payment of bill amount promptly till surrender. Subsequently the complainant demanded refund of the deposit amount of Rs. 500/- . Her demand was turned down by the opposite party. So the complainant approaches this Forum seeking direction to the opposite party for the refund of the deposit amount together with its interest as well as, compensation of Rs, 1,000/- and Rs. 500/- as costs. 2.Though the opposite party has been served, they chose to remain absent. No oral evidence was adduced by the complainant. Exts. A1 was marked from her side. After closing the evidence she was heard. 3. The following points arise for consideration. i. whether the complainant is entitled for refund of the deposit amount? ii. Compensation and costs. 4. Point No. i Pleading in the complaint as well as Ext. A1 indicate that the connection was delivered on 18-12-2004. In December 2005, the complainant voluntarily surrendered the telephone connection to the opposite party. She has claimed the refund of Rs. 500/-, which according to her was the security deposit amount, but in spite of demand, amount was not refunded. 5. We do not find any reason whatsoever to disbelieve the testimony of the complainant. The complainant has every right to return her phone connection at any point of time and is entitled for refund of the deposit. The opposite party has no right to withhold the security deposit received from the complainant once the connection is surrendered. Hence we are of the considered view that the opposite party is liable to refund the security deposit to the complainant with interest. 6. Point No.ii. The complainant has directly approached the opposite party to get her grievance redressed. The opposite party failed to take any action till date after receiving notice from this Forum. Hence the opposite party is liable to pay cost to the complainant. In the facts and circumstances of the case we are not ordering any compensation to the complainant. 7. Therefore we are allowing the complaint and direct that the opposite party shall refund the security deposit amount of Rs. 500/- with 12% interest per annum from the date of complaint till realization. The opposite party shall pay Rs. 1,000/- by way of cost to the complainant. The time limit for compliance with the order will be one month from the date of receipt of copy of order. Pronounced in the open Forum on this the 30th day of June 2008.




......................A.RAJESH
......................C.K.LEKHAMMA
......................PROF:PAUL GOMEZ