praying for an order directing the opposite parties to refund the security deposit of Rs.1200/- along with 10% Bank interest since 1995-1996 and to pay Rs.5,000/- as compensation for willful delay of getting back the deposited money and Rs.20,000/- for mental agony and harassment. This is an application u/s 12 of the C.P.Act 1986 filed by the petitioner Sri Kamalendu Banerjee
The case of the petitioner is that he was a subscriber of B.S.N.L. Calcutta Telephones Land Line (033-26834762) from the year 1995-1996. From 15th August 2011 to lst October 2011 his telephone line got out of order five times. But demand bill are coming regularly whether subscriber got service or not. The further case of the petitioner is that he applied in prescribed form with requisite documents for permanent disconnection with immediate effect on 7.10.2011 by Speed Post attaching acknowledgement card. The acknowledgement card returned with ‘Received stamp signature and official seal. After receiving the letter the OP BSNL sent one Linesman on 15.11.2011 at 1.30 p.m. to collect the instrument (hand set) and accessories after one and half month. Thereafter, the petitioner applied to the AOTR, Calcutta Telephones BSNL , G.T.Road , Barabazar Chandernagore, Hooghly for furnishing requisite documents in original on
praying for an order directing the opposite parties to refund the security deposit of Rs.1200/- along with 10% Bank interest since 1995-1996 and to pay Rs.5,000/- as compensation for willful delay of getting back the deposited money and Rs.20,000/- for mental agony and harassment. This is an application u/s 12 of the C.P.Act 1986 filed by the petitioner Sri Kamalendu Banerjee
The case of the petitioner is that he was a subscriber of B.S.N.L. Calcutta Telephones Land Line (033-26834762) from the year 1995-1996. From 15th August 2011 to lst October 2011 his telephone line got out of order five times. But demand bill are coming regularly whether subscriber got service or not. The further case of the petitioner is that he applied in prescribed form with requisite documents for permanent disconnection with immediate effect on 7.10.2011 by Speed Post attaching acknowledgement card. The acknowledgement card returned with ‘Received stamp signature and official seal. After receiving the letter the OP BSNL sent one Linesman on 15.11.2011 at 1.30 p.m. to collect the instrument (hand set) and accessories after one and half month. Thereafter, the petitioner applied to the AOTR, Calcutta Telephones BSNL , G.T.Road , Barabazar Chandernagore, Hooghly for furnishing requisite documents in original on
19.3.2012 for refund of security deposit. On 7.7.2012 the petitioner received an order from Accounts officer (Cash)/SMP 96, B.S.N.L. Dey Street, Serampur that an amount of Rs.1001.00 but without any document from which he can verify Rs.1200 – Rs.1001 i.e. Rs.199/- have been deducted for what ground or the money is with them so they can deduct as per their sweet will and wish. The petitioner made several correspondences to the A.O.T.R. Calcutta Telephones BSNL Chandernagore for such deduction arbitrarily , but in vain. Hence , the petitioner filed the complaint to this Forum praying for relief as stated above.
The Op no. 1 and 2 B.S.N.L. Calcutta Telephones contested the case by filing written version wherein they denied the allegation made against them and submitted that the petitioner applied for returning of deposit on 19.03.2012 bearing Telephone no.2683-4762 and an amount was sanctioned by AOTR/CC/CND on 12.6.2012 for Rs.1,001/- out of Rs.1200/- Security deposit which mention in subscriber first bill deducted outstanding amount for the period 1.10.201 to 30.11.2011 for Rs.199/-. The petitioner received the sanctioned amount but sent a letter on 12.7.2012 where reason of deduction prolong service period 1.10.2011 to 12.10.2011 and the said letter was forwarded to SDE/END.
There was reply office letter last on 20.5.2013. The OP further stated that on disconnection period 3.10.2011 to 10.10.2011 rebate sanction by DE and said amount was Rs.53/- already be given in system but not approved because accounts settlement already done of sanction of Rs.1001 on 1.6.2012. The Ops have stated that there is no deficiency in service on their part and hence the Op is prayed for dismissal of the case.
On the above case of the parties the following issues are framed :
Whether the case is maintainable in its present form ?
Whether there is any cause of action to file the case ?
Whether the petitioner is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
In support of his case the petitioner Kamalendu Banerjee submitted affidavit in chief wherein he submitted that he was a subscriber of B.S.N.L. Calcutta Telephones Land Line (033-26834762) from the year 1995-1996. From
15th August 2011 to lst October 2011 his telephone line got out of order five times. But demand bill are coming regularly whether subscriber got service or not. The further case of the petitioner is that he applied in prescribed form with requisite documents for permanent disconnection with immediate effect on 7.10.2011 by Speed Post attaching acknowledgement card. The acknowledgement card returned with ‘Received stamp signature and official seal. After receiving the letter the OP BSNL sent one Linesman on 15.11.2011 at 1.30 p.m. to collect the instrument (hand set) and accessories after one and half month. Thereafter, the petitioner applied to the AOTR, Calcutta Telephones BSNL , G.T.Road , Barabazar Chandernagore, Hooghly for furnishing requisite documents in original on 19.3.2012 for refund of security deposit. On 7.7.2012 the petitioner received an order from Accounts officer (Cash)/SMP 96, B.S.N.L. Dey Street, Serampur that an amount of Rs.1001.00 but without any document from which he can verify Rs.1200 – Rs.1001 i.e. Rs.199/- have been deducted for what ground or the money is with them so they can deduct as per their sweet will and wish. The petitioner made several correspondences to the A.O.T.R. Calcutta Telephones
BSNL Chandernagore for such deduction arbitrarily , but in vain. Hence , the petitioner filed the complaint to this Forum praying for relief as stated above. He also submitted documents being the prayer for permanent surrender of telephone no. 2683-4762 dated 7.10.2011 and his telephone bill dated 14.10.2011 and other relevant papers wherefrom it is established that the petitioner surrendered his telephone and entitled to the security deposit made by him . In his petition the petitioner submitted that he deposited a sum of Rs.1200/- as security deposit and the op BSNL deducted some amount at their sweet will and also he claimed compensation for his harassment and 10% interest on the security deposit. There is no authentic document or evidence produced by the petitioner proving the fact that he is entitled to interest on the security deposit he made in the year 1995-1996 . The Ops on the other hand submitted in their evidence that the would return the security deposit but they cannot give any interest on the said amount as there is no such provision. They also sent the money to the petitioner who did not accept the security deposit . Thus in the instant case this forum finds that when the petitioner has already surrendered the telephone then it is the oPs to refund the security deposit made by him . The prayer for getting interest on the security deposit as well as the prayer for
compensation for harassment is considered and not allowed b y this Forum as the security deposit was kept for a specific purpose and there is no evidence that the same deposit carried interest on Bank rate on the said amount. There is no negligence found in the act and conduct of Op which would fetch compensation in favour of petitioner from them.
Thus, the claim case is allowed in part.
Court fees paid is correct.
Hence ordered
That the Claim case no. 104 of 2013 be and the same is allowed on contest in part without cost considering the circumstances of the case. The petitioner is entitled to refund of his security deposit of Rs.1200/- from the oPs BSNL who are directed to refund the said amount of Rs.1200/- to the petitioner within 30 days from the date of this order, failing the amount would carry interest @ 9% per annum from that date till realization and also the petitioner would be at liberty to put order in execution.
Let a copy of this order be made over to the parties free of cost.
19.3.2012 for refund of security deposit. On 7.7.2012 the petitioner received an order from Accounts officer (Cash)/SMP 96, B.S.N.L. Dey Street, Serampur that an amount of Rs.1001.00 but without any document from which he can verify Rs.1200 – Rs.1001 i.e. Rs.199/- have been deducted for what ground or the money is with them so they can deduct as per their sweet will and wish. The petitioner made several correspondences to the A.O.T.R. Calcutta Telephones BSNL Chandernagore for such deduction arbitrarily , but in vain. Hence , the petitioner filed the complaint to this Forum praying for relief as stated above.
The Op no. 1 and 2 B.S.N.L. Calcutta Telephones contested the case by filing written version wherein they denied the allegation made against them and submitted that the petitioner applied for returning of deposit on 19.03.2012 bearing Telephone no.2683-4762 and an amount was sanctioned by AOTR/CC/CND on 12.6.2012 for Rs.1,001/- out of Rs.1200/- Security deposit which mention in subscriber first bill deducted outstanding amount for the period 1.10.201 to 30.11.2011 for Rs.199/-. The petitioner received the sanctioned amount but sent a letter on 12.7.2012 where reason of deduction prolong service period 1.10.2011 to 12.10.2011 and the said letter was forwarded to SDE/END.
There was reply office letter last on 20.5.2013. The OP further stated that on disconnection period 3.10.2011 to 10.10.2011 rebate sanction by DE and said amount was Rs.53/- already be given in system but not approved because accounts settlement already done of sanction of Rs.1001 on 1.6.2012. The Ops have stated that there is no deficiency in service on their part and hence the Op is prayed for dismissal of the case.
On the above case of the parties the following issues are framed :
Whether the case is maintainable in its present form ?
Whether there is any cause of action to file the case ?
Whether the petitioner is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
In support of his case the petitioner Kamalendu Banerjee submitted affidavit in chief wherein he submitted that he was a subscriber of B.S.N.L. Calcutta Telephones Land Line (033-26834762) from the year 1995-1996. From
15th August 2011 to lst October 2011 his telephone line got out of order five times. But demand bill are coming regularly whether subscriber got service or not. The further case of the petitioner is that he applied in prescribed form with requisite documents for permanent disconnection with immediate effect on 7.10.2011 by Speed Post attaching acknowledgement card. The acknowledgement card returned with ‘Received stamp signature and official seal. After receiving the letter the OP BSNL sent one Linesman on 15.11.2011 at 1.30 p.m. to collect the instrument (hand set) and accessories after one and half month. Thereafter, the petitioner applied to the AOTR, Calcutta Telephones BSNL , G.T.Road , Barabazar Chandernagore, Hooghly for furnishing requisite documents in original on 19.3.2012 for refund of security deposit. On 7.7.2012 the petitioner received an order from Accounts officer (Cash)/SMP 96, B.S.N.L. Dey Street, Serampur that an amount of Rs.1001.00 but without any document from which he can verify Rs.1200 – Rs.1001 i.e. Rs.199/- have been deducted for what ground or the money is with them so they can deduct as per their sweet will and wish. The petitioner made several correspondences to the A.O.T.R. Calcutta Telephones
BSNL Chandernagore for such deduction arbitrarily , but in vain. Hence , the petitioner filed the complaint to this Forum praying for relief as stated above. He also submitted documents being the prayer for permanent surrender of telephone no. 2683-4762 dated 7.10.2011 and his telephone bill dated 14.10.2011 and other relevant papers wherefrom it is established that the petitioner surrendered his telephone and entitled to the security deposit made by him . In his petition the petitioner submitted that he deposited a sum of Rs.1200/- as security deposit and the op BSNL deducted some amount at their sweet will and also he claimed compensation for his harassment and 10% interest on the security deposit. There is no authentic document or evidence produced by the petitioner proving the fact that he is entitled to interest on the security deposit he made in the year 1995-1996 . The Ops on the other hand submitted in their evidence that the would return the security deposit but they cannot give any interest on the said amount as there is no such provision. They also sent the money to the petitioner who did not accept the security deposit . Thus in the instant case this forum finds that when the petitioner has already surrendered the telephone then it is the oPs to refund the security deposit made by him . The prayer for getting interest on the security deposit as well as the prayer for
compensation for harassment is considered and not allowed b y this Forum as the security deposit was kept for a specific purpose and there is no evidence that the same deposit carried interest on Bank rate on the said amount. There is no negligence found in the act and conduct of Op which would fetch compensation in favour of petitioner from them.
Thus, the claim case is allowed in part.
Court fees paid is correct.
Hence ordered
That the Claim case no. 104 of 2013 be and the same is allowed on contest in part without cost considering the circumstances of the case. The petitioner is entitled to refund of his security deposit of Rs.1200/- from the oPs BSNL who are directed to refund the said amount of Rs.1200/- to the petitioner within 30 days from the date of this order, failing the amount would carry interest @ 9% per annum from that date till realization and also the petitioner would be at liberty to put order in execution.
Let a copy of this order be made over to the parties free of cost.
