This is a complaint U/s 12 of the Consumer Protection Act, 1986 praying for an order directing the O.Ps. to release the security deposit amounting to Rs.5,000/- and for a compensation of Rs.20,000/- for harassment and mental pain with Rs.5,000/- litigation cost.

The complaint case in short is that for the purpose of his livelihood he applied to the O.Ps. to open a STD booth with their permission at bus terminus, Islampur. He was given permission following all the formalities and was also allotted a telephone No.257199 in the STD booth at Islampur. A security deposit of Rs.5,000/- with an installation charge of Rs.800/- was obtained against money receipts. After some days petitioner for some personal reason was unable to run the said STD booth and was compelled to surrender the telephone to the O.Ps. after clearing all his dues. Thereafter he visited O.Ps.’ office requesting them to return the security deposited amount, but with no result. Complainant then submitted written representation and only then he was called by the office of the O.P. and they assured him to refund the security deposit within short period. Afterwards O.P. did not pay the security deposit amount and then finding no other alternative petitioner sent legal notice on 29.10.2015 upon all the O.Ps. As the O.Ps. failed to comply in spite of receiving the notice. Petitioner came up with the petition before this Forum with above mentioned prayers.

O.Ps. appear and filed written version, contested the case, wherein O.Ps. stated that allegations of carelessness, negligence and deficiencies in service are all made for illegal gain, false and baseless. Even O.Ps. denied the starting of STD booth at Islampur bus terminus by the complainant with allotted telephone No. 257199 in the name of the petitioner. O.P. also denied receiving security deposit of Rs.5,000/- and installation charge of Rs.800/- against receipts. O.P. also denied that the complainant surrendered the telephone connection. At the same breath O.P. asserts that security amount against PT Connection No.257199 is to be paid to the customer only if the customer provides any copy of Demand Note against any security deposit. That, in that event O.P. is ready to refund the said amount after verification from the office record. O.P. therefore prays for dismissal of this complaint as O.Ps. are otherwise not negligent and deficient in service.

To establish the case, the complainant has relied upon affidavit-in-chief sworn in by him as P.W.-1 and relied upon some documents. O.P. also adduced evidence as O.P.W.-1.

DECISIONS WITH REASONS

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, arguments advanced by the lawyers of both sides, the Ld Forum has come to the findings as follows: -

The complainant in his examination in chief stated the fact of starting a telephone booth at Islampur. In this regard he submitted the copy of Demand Note to show that the amount of this Demand Note in payment of charges for STD/ISD/PCO with reference to the letter No. and Demand Note No. ISP/STDPCO/418, date of issue 07.02.2000 in the name of complainant, Sandip Biswas addressed at Power House Para, Islampur, District-Uttar Dinajpur. The issuing officer was Sub-Divisional Engineer, Telecom District Raiganj with seal & signature. Particulars of deposit showing security deposit of one telephone connection of Rs.5,000/- and installation fee for one connection of Rs.800/- total Rs.5,800/- received from the complainant in that Demand Note, is filed by the complainant. Petitioner also filed the copy of Temporary/ Permanent Closing land connection addressed to the SDE/ JTO, Islampur Telephone Exchange wherein the complainant surrendered his telephone No.257199 belonging to complainant at the opposite of Islampur bus terminus area complainant surrenders due to financial problem etc. with a prayer to close the telephone as early as possible. Said letter in prescribed form dated 26.02.2010 was also received with seal and signature of receiving officer of the O.P. on the same date. O.P. filed the copy of letter dated 12.11.2014 with a prayer for releasing security money addressed to the Accounts Officer, Karnajora, Raiganj Telephone Office and received by the office with seal and signature on the same date. O.P. also filed reminder letter on the same issue dated 19.02.2015, 14.05.2015 and advocate’s notice addressed to the O.Ps. dated 29.10.2015.

We have gone through the complaint petition, written version and the documents filed by the complainant we have also gone through the evidence of the P.W.-1, complainant has been able to prove by sufficient evidence oral and documentary that he started the telephone booth at Islampur bus terminus area having telephone connection in his name being No.257199. That, he paid security deposit of Rs.5,000/- along with installation charge of Rs.800/-. O.P. in its written version admitted that on production of Demand Note against the security deposit, the O.P./ BSNL is bound to refund the said security deposit to the consumer. As the petitioner has been able to prove his case by providing the copy of Demand Note, he is entitled to the refund of the said security deposit, as he has already surrendered the telephone to the O.Ps. following all the formalities. The letter dated 26.02.2010 in prescribed form addressed to the SDE/ JTO, Islampur Telephone Exchange proves the same. He also prayed for refund in writing and lastly issued legal notice through his Ld. Advocate. On perusal of those documents and after hearing the Ld. Lawyers of both sides this Forum finds that the complainant has been able to prove his case successfully. That, the O.Ps. are very much deficient and negligent in service as they failed to release the security deposit of Rs.5,000/- in favour of the petitioner in spite of repeated demand. As a result the case succeeds.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No.CC – 03/2016 is allowed on contest but in part against O.P./ BSNL.

O.Ps. are directed to pay Rs.5,000/- towards the security deposit to the petitioner. O.Ps. are further directed to pay a compensation of Rs.2,000/- for harassment and mental pain and agony to the complainant and a litigation cost of Rs.1,000/- total Rs.8,000/- within one month from this date, failing which the awarded amount will carry interest @ 9% p.a. till full realization; otherwise the complainant will be at liberty to realize his claim in accordance with law.

Copies of this order be supplied to the parties free of cost.