This C.C. came before us for final hearing in the presence of Sri.K.V.Ramana Rao, Advocate for complainant and of Sri.P.Amarchand, Advocate for opposite parties; upon perusing the material papers on record and upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha, Member)
1. This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986, with the following averments;
The complainant had obtained telephone connection bearing No.252625 from the opposite parties by paying an amount of Rs.200/- towards deposit on 4-12-2007 and also got Internet Broad Band Connection on 2-1-2008 after payment of Rs.1,281/- and paid the monthly bills regularly till the date of disconnection. The complainant further stated that he made a written representation to the opposite parties for disconnection of telephone connection and Internet facility on 26-6-2008 and returned the telephone instrument and Modem to the J.T.O., Out door IV, Khammam and the J.T.O. advised the complainant, to approach the G.M., Telecom, Khammam for receiving the deposited amount of Rs.1,281/-. Accordingly the complainant approached the officer concerned many times, but the opposite parties did not refund the deposited amount and intentionally avoiding the same from time to time. As such the complainant approached the forum for redressal and prayed to direct the opposite parties to refund the deposited amount of Rs.1,281/- and damages of Rs.10,000/- towards mental agony and costs.
2. Along with the complaint, the complainant filed affidavit and filed the following documents:
i) Receipt dated 4-12-2007 for Rs.200/- issued by the opposite parties.
ii) Demand Note, dt.4-12-2007.
iii) Receipt dt.18-12-2007 for Rs.1,281/-
iv) Demand note, dt.18-12-2007.
v) Representation, dt.26-6-2008 addressed by the complainant to the S.D.F.
(Commercial), Khammam.
3. After receipt of notice, the opposite parties appeared through their counsel did not choose to contest the matter as alleged by the complainant.
In view of the above circumstances, now the point for consideration is, whether the complainant is entitled to any relief as prayed or not?
Point:
As seen from the averments of the complaint, the complainant is a subscriber of the opposite parties and got telephone connection and internet facility by paying prescribed amount for installation and he paid the bills regularly since the date of installation. On 26-6-2009 the complainant addressed a letter to the opposite parties for disconnection of telephone connection and internet facility and in that connection the complainant hand over the telephone instrument and internet modem to the officers concerned and prayed to refund the deposit amount, but the opposite parties did not respond months together, to pay the deposited amount. As such the complainant prayed for redressal. As seen from the material filed by the complainant, the complainant addressed a letter to the S.D.F. (commercial), Khammam on 26-6-2008 for disconnection of his telephone connection by the reason of shifting his house and as per the letter, the complainant returned the telephone instrument bearing No.252625 and modem of the internet connection to the opposite parties and the same was endorsed by the J.T.O., out door IV, Khammam on the same letter. As such, it clearly shows the opposite parties recovered the instruments from the complainant on 26-6-2008, but they failed to refund the amount after many requests made by the complainant and also failed to refund the amount till the date of complaint and as such it amounts to unfair trade practice and we feel that, it is the duty of the opposite parties to refund the amount of Rs.1,281/- towards deposit amount, made by the complainant. As such the point is answered accordingly in favour of the complainant.
In the result, the complaint is partly allowed, the opposite parties are directed to refund the amount of Rs.1,281/- (Rupees one thousand, two hundred and eighty one only) towards modem deposit amount and Rs.500/- (Rupees five hundred only) towards costs within one month from the date of receipt of this order.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on this 24th day of March, 2009.
Senior Member/ I/c.President Member
District Consumers Forum Khammam
Appendix of evidence
-Nil-
Senior Member/ I/c.President Member
District Consumers Forum Khammam
