HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

4/02.02.2010.

Heard Mr. Barun Prasad, the Ld. Advocate for Appellant and Mr. Saikat Mali, the Ld. Advocate for the Complainant – Respondent No. 1.  The Ld. Advocate for the Respondent files Vokalatnama.  Facts relevant for disposal of the present appeal are that the Complainant applied for a telephone connection from the O.P. and deposited Rs. 2,500/- for obtaining the said line.  Such deposit was made on 07.10.2007.  Telephone connection was given thereafter but in view of certain defects in the line detected after installation as the telephone was not functioning properly several complaints were made by the Complainant to the O.Ps.  The O.P. did not take step to make it defect free.  Having no other alternative the Complainant approached the O.P. to disconnect the service connection and surrendered telephone by letter dated 17.11.2007.  In response whereto ultimately a representative of the O.P. collected the said telephone set from the custody of the Complainant on 23.01.2008.  The Complainant approached the O.Ps for refund of the security money of Rs. 2,500/- and having failed to get back the refund the present complaint was filed for appropriate relief.  The Ld. Advocate for the Appellant states that the O.P. – Appellant tendered Rs.2,000/- as after transfer of the telephone set the Complainant was entitled only to get refund of the security money amounting Rs. 2,000/- and not the balance Rs. 500/- which is charged as an installation charge.

On behalf of the Complainant – Respondent it is contended that for a defective telephone set if installation charge is to be charged the same is to be burden of the O.P. and not the Complainant.  Moreover, the tendering of Rs.2,000/- also was disputed.

Considering the respective contention we find from the materials on record that the case of the O.P. – Appellant of tendering of Rs. 2,000/- does not satisfy the requirement as in respect of said telephone set as the O.P. failed to give a defect free telephone connection, the Complainant was entitled to full amount deposited and not only the security deposit amount.  Therefore, we are of the opinion that the direction by the Forum below to refund the sum of Rs. 2,500/- does not require any interference.

But in respect of compensation amount it seems the compensation has been assessed at little higher side and in the facts and circumstances we are of the opinion that a compensation of Rs. 3,000/- will be proportionate keeping in mind the Complainant was compelled to approach the Forum and to contest the proceeding before this Commission.  Accordingly the appeal is allowed with the only modification of impugned order that the O.Ps are to pay to the Complainant Rs.2,500/- towards refund of the deposit and Rs. 3,000/- as compensation.  Such payments are to be made within a period of thirty days from the date of this order and in case of failure the amount will carry interest @ 12% p.a. for the period of default.  There is no order as to cost.