Punjab

Sangrur

CC/647/2017

Munish Singla - Complainant(s)

Versus

Bharat Sanchar Nigam Ltd. - Opp.Party(s)

Sh.Rajat Garg

23 Feb 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 647                                                                                         

                                                                     Instituted on:  06.12.2017               

                                                                      Decided on:    23.02.2018

 

Munish Singla aged 37 years son of Late. Shri Krishan Singla, resident of Yash Chaudhary Market, Dhuri 148024.

                                                …. Complainant.   

Versus

 

Bharat Sanchar Nigam Limited through its General Manager Telecom Department ( GMTD) Sangrur #5, Exchange Road, Partap Nagar, Sangrur.

 

                                                  ….Opposite party.

 

FOR THE COMPLAINANT:       Shri Lovepreet Walia Advocate                          

 

FOR THE OPP. PARTY   :            Shri Abdul Shakoor

 

Quorum

                                                

Sarita Garg,  Presiding Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Sarita Garg, Presiding Member

 

1.             Munish Singla, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that he was having a landline connection number 01675-226270  which was later on got disconnected after paying all the dues but same was having  a negative balance in the column of amount payable of Rs.1896/-  as per OP  own record vide invoice drawn on 07.10.2015. Thereafter the complainant requested the OP so many times for payment  but they did not do so.  Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to refund Rs.1896/- 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.5,000/- as litigation expenses.

2.             In reply filed by the OP, it is submitted that OP has disconnected the connection on 24.08.2015 and refund case was finalized on 14.10.2015 and a cheque  bearing number 624007 for Rs.1895/- issued to the OP by circle office  Chandigarh on 17.10.2015. It is submitted that earlier issued cheque was expired  due to non- encashment and a  fresh cheque no.385684 dated 2.1.2018  for Rs.1895/- was issued  by circle office. 

3.             The complainant has tendered documents Ex.C-1 alongwith annexure C-1/A and closed evidence. On the other hand, OP has tendered an affidavit Ex.OP-1 and closed evidence.

4.             The complainant's grievance is that after disconnection of landline connection, the opposite party did not refund Rs.1896/-  as security amount. The Op has stated that  connection was disconnected on 24.08.2015  and refund case was finalized on 14.10.2015 and  a cheque bearing no.624007  for Rs.1895/- was issued on 17.10.2015. The OP has also stated that earlier issued cheque  was expired due to non-encashment  and a fresh cheque no.385684 dated 2.1.2018  for Rs.1895/-  had been   issued. During the pendency of the present complaint, the above said cheque was handed over to the learned counsel for the complainant which he has received.  So, we find that relief regarding refund of security amount has 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 has not produced on record any document muchless postal receipt  which could show that the OP has actually sent the cheque  to the  complainant on 17.10.2015  which was not encashed by the complainant. Moreover,  the cheque  no.385684 dated 02.01.2018 for Rs.1895/- as security amount  was handedover  to the learned counsel for the complainant during the pendency of the present itself shows deficiency in service on the part of the OP.

6.             For the reasons recorded above, we partly allow the complaint and direct 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

                February 23, 2018

 

 

 

        (Vinod Kumar Gulati)                             (SaritaGarg)                                                                                                                                                                                                                    

 Member                                     Presiding Member