By Sri. A. A. Vijayan,  President

    The complaint is filed by complainant under Section 12 of Consumer Protection Act.

1.    The complaint is in respect of refund of the deposits made with the opposite party for getting telephone connection.  The case of the complainant  in precise is as follows:-
    The complainant booked for land line connection with opposite party No.3 and availed the connection.  Since he found it difficulties in remitting the telephone charges he applied for disconnecting his telephone in 2008 and to return  the deposit made by him.  The  phone connection was disconnected but they did not take any steps to refund the deposits.  Though he approached the other opposite parties also, no steps were taken by them to  refund the amount.  When he approached opposite party No.3 he  was given certain phone numbers of opposite party No.4 and directed him to contact them for the refund.  Inspite of repeated attempts made by him nobody could be contacted in the said numbers.  Thus he was convinced that he was being deceived by the opposite parties.  He suffered severe mental agony and financial loss and thus he is entitled to get the deposited amount returned together with Rs.75,000/-  as compensation for mental agony with cost of the proceedings.
2.    The opposite parties entered appearance  and filed version disputing the claim of complainant as follows:-
    The averments in the complaint  are false and made suppressing the material facts.  It is true that the complainant had availed a telephone connection from the opposite parties.  But the deposit made by complainant was not Rs.3,000/- but Rs.500/-.  Since complainant made default in paying the bill charges that amount has been adjusted towards his bill amount.  The telephone of the complainant was disconnected in 2008.  The deposit of Rs.500/- was made by complainant on 09-12-2002. and the connection  was given to him on 17-02-2003.  His telephone was disconnected on 19-07-2008 and deposited amount was adjusted towards  his bill.  Thus there is no deficiency of service on the part of opposite parties.  Hence complaint is to be dismissed.
3.    Complainant and opposite parties filed affidavit and Exts.A1 marked on the side of complainant and Ext.B1 to B3 were marked on the side of opposite parties.
4.    Points arise for consideration are:-
    (i)    Whether there is any deficiency of service on the part of opposite parties.
   (ii)    Whether complainant is entitled to  amount claimed.
  (iii)    Relief and costs.

5.    Point No.(i) & (ii):-
    The definite case set up by complainant is that he had availed a land line telephone connection from the opposite parties  on deposit of  Rs.3,000/- and since he was not able to pay the bill charges the above connection was disconnected in 2008.  Though, according to complainant, he tried his level best to get back the amount deposited by him, the opposite parties were reluctant in making refund of the amount and when all his attempts failed he filed the present complaint for getting refund together with  the compensation.  It is significant to note that the only document produced by complainant is Ext.A1 and that is the acknowledgment  of the registration wherein the deposits made by him is shown as Rs.500/-.  It is also seen that the date of payment of  registration was on 09-12-2002.  Ext.B1 is the application form submitted by complainant for telephone connection  therein and the date shown also was 09-12-2002 and the amount deposited was shown as Rs.500/-.  Though complainant averred in the complaint that it is an initial deposits made by him he did not produce any document to prove the deposit of  balance amount of Rs.2,500/-.  On the other hand in Ext.B1 it is clearly shown by the complainant himself that the deposit is Rs.500/- if that was an initial deposit that would have been shown therein.  Therefore from Ext.A1 and B1 it is successfully proved that the complainant  has never deposited Rs.3,000/- for getting his connection and on the other hand the deposit made by him was of Rs.500/-.  Apart from Ext.A1 no documents are produced or summoned by the complainant to establish the deposit of Rs.3,000/-.  Therefore it can be rightly held that complainant is not entitled to get a refund of Rs.3,000/-.
6.    Opposite party contended that when the complainant failed to pay the telephone charges his connection was disconnected in 2008 and the deposit was adjusted towards the unpaid telephone charges of complainant.  This claim is also justified by the statement of complainant in the complaint that he was  not in a position to pay the telephone charges and his telephone was disconnected.  If he had cleared the entire bills served on him at the time of disconnection that could have been stated in the complaint as well in the affidavit and the receipts for the payment also could have been produced.  The non production of any documents to prove the payment of the telephone charges immediately preceding the disconnection leads to the inference   that the contention raised by the  opposite parties  that when the complainant failed to discharge his liabilities, the deposited amount was adjusted towards the telephone charges is plausible and credible.  Therefore the circumstances and the documents lead to the conclusion that at the time of disconnection of his telephone  he was not entitled to get any amount from the opposite party.  If that be so there is no question of payment of compensation to complainant.  Points are decided accordingly.
7.    Point No.(iii):-
    On the basis of the findings on the above point we dismiss the complaint.  Considering the circumstances we are not passing any order for costs.

        Dated  this 7th   day  of  June,  2016.

                                          A. A. VIJAYAN,  PRESIDENT

R. K. MADANAVALLY,  MEMBER                 

MINI MATHEW, MEMBER    

APPENDIX

Witness examined on the side of the complainant        :   Nil
Documents marked on the side of  the complainant        :   Ext.A1
Ext.A1        :    Photo copy of the acknowledgement for SRV. REQ. Registration.
Witness examined on the side of the opposite parties    :   Nil
Documents marked on the side of the opposite parties    :   Ext.B1 to B3
Ext.B1        :    Photo copy of  the Form for new telephone connection by 
             complainant to opposite party.
Ext.B2        :    Photo copy of  the  Form No.60 of Income Tax Rules,1962 by complainant.
Ext.B3        :    Photo copy of  the additional information and nomination by complainant.

                                              
                                            A. A. VIJAYAN,  PRESIDENT

                                              
R. K. MADANAVALLY,  MEMBER                

MINI MATHEW, MEMBER