<br /> By Smt. Padmini Sudheesh, President: <br /> <br /> Petitioner’s case is as follows:<br /> <br /> 1. On 14.12.04 petitioner has put an application to the BSNL for termination of their service to him and disconnection of telephone No.2351113. The consumer number is 80104660. At the time of installation of the phone the BSNL had imposed Rs.1200/- towards advance rental deposit and Rs.800/- towards instrument charges. On 14.12.04 the telephone service is disconnected, but the amount paid is not returned. Several times approached the second respondent, but no remedy. Hence this complaint.<br /> <br /> 2. Respondents-1 and 2 filed counter to the effect that when bill dated 7.9.04 was issued to the complainant instead of paying the bill, the petitioner filed OP.1183/04 before this Forum and the OP was dismissed on 15.11.04. Though he preferred appeal, he failed to obtain stay order. Being aggrieved the petitioner has again approached with this complaint. The respondent had collected deposit and installation charge. The interest on deposit is payable to the complainant only up to the date of connection. The interest was paid by adjustment in bill dated 1.5.99. The deposit amount was adjusted against the bill dated 7.9.04. Revenue Recovery steps have initiated for realization of balance amount. Installation charge is not refundable. Hence dismiss the petition. He was informed of the details in writing vide letter dated 2.12.2006.<br /> 3. The points for consideration are:<br /> (1) Whether the petitioner is entitled to get the amount of Rs.2000/- with interest?<br /> (2) Reliefs and costs. <br /> 4. The evidence consists of Exts. P1 to P5 and Exts. R1 and R2. No oral evidence.<br /> 5. Points-1 and 2: The petitioner requested for disconnection on 14.12.04 and it was disconnected on 14.12.2004. Ext. R2 bill is required for the period from 1.7.04 to 31.8.04. It is before the request for disconnection. So the version of the respondents that the deposited amount is adjusted in the bill dated 7.9.04 is not believable. As per Ext. P4 and P5 some amount were due and steps were taken. Before us no record to show whether he has cleared all the bills till 14.12.04. BSNL has no case that bills are outstanding. His contention is that the amount is not adjusted, hence Revenue Recovery steps were taken. So we arrived at a conclusion that the petitioner is entitled to get the deposited amount. The contention of the respondents that installation charge is not refundable is legal and the petitioner is not entitled to get that amount. <br /> <br /> 6. In the result, the petition is partly allowed and the respondents are directed to return the deposited amount of Rs.1200/- (Rupees one thousand and two hundred only) to the petitioner with interest at the rate of 12% per annum from the date of this complaint since the connection date is not mentioned anywhere in the case record. No order as to cost and compensation. Time for compliance one month. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 24th day of June 2008.<br />