Per  Shri H. M. Pateriya – Hon’ble Member.

               The complainant filed this complaint before forum for redressal u/s 12 of the Consumer Protection Act, 1986 for deficiency of service and negligence in duty committed by the opposite party.  

              The brief facts of the case are as follows:-

2.            The complainant was having one local and one STD telephone connction having the telephone No. 252429 (local) and other 252430 (STD).  At the time of taking the connections complainant had deposited a sum of Rs.6,000/- as security deposit on dated 19/03/2003.   

3.            The complainant felt that he is not further in need of both the telephones.  So he requested opposite party on dated 28.08.2006 and dated 06.10.2012 to disconnect both the telephones.  The complainant has paid all the dues on account of his local and STD telephones.  Subsequently both the telephones were disconnected.  After the telephone disconnected it is the primary responsibility of the opposite party to refund the security deposit of `6,000/- to the complainant.  The opposite party did not refund the amount till the date.  The complainant visited several times to office of the opposite party and requested for refund the security deposit.  But the opposite party did not pay any attention to refund the security deposit to the complainant.  

4.            The complainant sent the legal notice by his counsel and requested opposite party to refund the amount of Rs.6,000/- as security deposit paid by the complainant at the time of taking telephone connection.  But the opposite party did not turn up for refund of the amount.  It is the bound end duty of the opposite party to refund the security deposit after disconnecting both the telephones.  This is the failure of duty of the opposite party is deficiency in service.   Therefore, the complainant prayed for refund of Rs.6000/- with interest @18% per anum from the date it is payable to the complainant till its realization.  The complainant also prayed to award damages of Rs.10,000/- towards mental harassment caused to him and also legal charges against the opposite party.   

5.            The complainant has filed the list of documents at page no. 10 of the complaint which includes Demand Note, Payment receipt, Telephone bill, Payment receipt, letter written to opposite party, Legal notice, postal receipts etc.   

6.            The complaint was registered and notice was issued to the opposite party.   After receiving the notices the opposite party filed their reply on 24.05.2016.  In their reply the opposite party said that they are not having the details of security deposit made by the holder of the telephone number 07182-252429 and 07182-252430.  It is not available in CRM (CDR Package) that is why the subscriber’s claim of payment of security deposit could not be processed.  The telephone bill submitted by the subscriber does not have any details of the security deposit.  The security deposit paid by the subscriber is usually reflected in the telephone bill and also did not produce any proof of payment of security deposit.

7.            After going through the complaint & reply of the opposite party and argument made by the counsel for complainant the following points arose for consideration. 

REASONING & FINDINGS

8.       As to point No. 1:-    It is true that the complainant had taken telephone connection No. 252429 local and 252430 (STD) from the opposite party.  The opposite party on dated 15/03/2003 issued demand letter for obtaining telephone connection as security deposit for STD connection Rs.5000/- and for local connection Rs.1,000/- and thus total amount to be paid by the complainant as security deposit Rs.6,000/-.  The complainant had paid Rs.6,000/- on dated 19/03/2003 and got both the telephone connection.  The Xerox copy of the demand letter and the receipt of Rs.6,000/- paid towards the security deposit is attached with the complainant as document No. 1 and document No. 2 respectively. It proves that the complainant had deposited Rs.6,000/- as security deposit on demand letter from the O.P.

              In course of time the complainant felt that he did not need the telephones.  So he made request on dated 28/08/2006 & 06/10/2012 (document No. 5 & 6) to the opposite party for disconnection of the said telephone connections.  On request of the complainant the opposite party disconnected both the telephones.

              After disconnecting both the telephones it was the duty of the opposite party to refund the security deposit.  The complainant made a request to the opposite party on dated 13/10/2014 and 10/09/2015 to refund the security deposit (document No. 9 & 10).  But the opposite party did not refund the said amount.  Thereby the complainant forced to give a legal notice by his counsel on dated 02/02/2016 requesting for refund of the security deposit (document No.11).   The opposite party neither replied the notice nor refunded the security deposit to the complainant.

              It is very clear that the action of the opposite party is deficiency in service.  Hence, finding of point No. 1 is recorded in the affirmative.  

9.       As to point No. 2:-    In the light of the above the bench arrives at the conclusion that the complainant is entitled to get refund of Rs.6,000/- with interest of 9% p.a. from the date of order till the realization of the amount.  The complainant is also entitled to get compensation of Rs.2,000/- for mental harassment and also Rs.1,000/- as legal charges from opposite party. For the above reason finding as to points No. 2 is recorded accordingly.  

              For the above reasons order is passed as under:-

-: FINAL ORDER :-

1.            The complaint is partly allowed.

2.            The opposite party is directed to refund Rs.6,000/- with interest @9% p.a. from the date of this order.

3.            The opposite party is directed to pay Rs.2,000/- (Rupees Two Thousand) towards the compensation for mental harassment to the complainant along with Rs.1,000/- (Rupees One Thousand) towards the cost of litigation.  

4.            The opposite party is directed to comply the above order within 30 days from the date of receipt of this order.

5.            Copies of this order be furnished to both the parties free of cost.

6.            The ‘B’ & ‘C’ set of the complaint be returned to the Complainant.