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Bandana Rani filed a consumer case on 09 Mar 2018 against Bharat Sanchar Nigam Ltd. in the Sangrur Consumer Court. The case no is CC/611/2017 and the judgment uploaded on 15 Mar 2018.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 611
Instituted on: 20.11.2017
Decided on: 09.03.2018
Bandana Rani aged 34 years wife of Kuldeep Kumar Jain, resident of E-35, Officer Colony, Sangrur.
…. Complainant.
Versus
Bharat Sanchar Nigam Limited Sangrur Club Road, Sangrur through its General Manager.
….Opposite party.
FOR THE COMPLAINANT: Shri Kuldeep Kumar Jain, Adv.
FOR THE OPP. PARTY : Shri Abdul Shakoor
Quorum
Sarita Garg, Presiding Member
Vinod Kumar Gulati, Member
ORDER:
Sarita Garg, Presiding Member
1. Bandana Rani, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that she got installed a landline connection number 01672-250115 after depositing a refundable security of Rs.1400/- which was later on got disconnected vide application dated 25.05.2017 after depositing the due amount of Rs.2690/- and Rs.913/-. The OP has not refunded the security amount despite the complainant visiting the OP so many times. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:-
i) OP be directed to refund Rs.1400/- along with interest @18% per annum till realization,
ii) OP be directed to pay to the complainant a sum of Rs.10,000/- on account mental agony and harassment
iii) OP be directed to pay Rs.5500/- as litigation expenses.
2. In reply filed by the OP, it is submitted that OP has disconnected the connection on 27.05.2017 and refund was generated on 21.08.2017 by Sangrur office and a cheque bearing number 328128 was drawn on 20.11.2017 by circle office Chandigarh and cheque was dispatched on 01.12.2017 by registered post by account branch.
3. The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence. On the other hand, OP has not produced any evidence in support of his version.
4. The complainant's grievance is that after disconnection of landline connection on 27.05.2017, the opposite party did not refund Rs.1400/- as security amount. The OP stated that OP has disconnected the connection on 27.05.2017 and the refund was generated on 21.08.2017 by Sangrur office and a cheque bearing number 328128 was drawn on 20.11.2017 by circle office Chandigarh and cheque was dispatched on 01.12.2017 by registered post by account branch. The complainant has admitted in his affidavit Ex.C-1 that during the pendency of the present complaint, the above said cheque was issued to him. So, we find that relief regarding refund of security amount has been resolved and the only relief which remains for determination is regarding the deficiency in service.
5. From the perusal of entire file we find that the OP hismelf has admitted in his reply that the said cheque was dispatched on 01.12.2017 by registered post by the account branch. As such, the same was received by the complainant during the pendency of the present complaint which is after a long period of six months from the date of disconnection of connection of the complainant which itself shows deficiency in service on the part of the OP. Accordingly, the OP is liable to pay interest on the said security amount of Rs.1400/- from 27.05.2017 to 01.12.2017.
6. For the reasons recorded above, we partly allow the complaint and direct the OP to pay interest @ 9% per annum on the security amount of Rs.1400/- from 27.05.2017 to 01.12.2017. We further order the OP to pay to the complainant a consolidated amount of compensation of Rs.1500/- on account of deficiency in service.
7. This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Announced
March 9, 2018
(Vinod Kumar Gulati) (SaritaGarg)
Member Presiding Member
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