Order by:

Sh.Amrinder Singh Sidhu, President

1.       This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2021 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14^th March, 2022.

2.       The  complainant  has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that he got installed landline number bearing 0161-2308238 in his name on 07.02.1996 and paid security of Rs.3000/- with the Opposite Party. Further alleges that due to poor services of the Opposite Party, the complainant made a request to the Opposite Party  on 23.03.2017  to close / surrender his landline number and refund the security amount. Accordingly, the Opposite Party disconnected his landline number on 08.04.2017, but did not refund the security/ surrender money to the complainant despite repeated requests and demands. Thereafter, the complainant also received a bill of Rs.273/-  issued on 03.05.2017 for the period 01.03.2017 to 30.04.2017 which has duly been paid by the complainant against receipt. After that the complainant made so many visits to the office of the Opposite Party, but they did not redress the grievance of the complainant and not refunded the surrender money of the complainant and as such, there is deficiency in service on the part of the Opposite Party.  Vide instant complaint, the complainant has sought the following reliefs.

a)       The Opposite Party may be directed to refund the security amount of Rs.3000/- and also to pay Rs.10,000/- on account of compensation and Rs.5000/- as litigation expenses  and also to pay any other relief to which this District Consumer Commission may deem fit be also granted.

3.       Opposite Party  appeared through counsel and contested the complaint by filing  the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed as the complainant has attempted to misguide and mislead this District Consumer Commission. It is submitted that the present complaint is not maintainable because the Opposite Party has already made the payment of the amount of Rs.1386/- to the complainant vide cheque No.227618 issued on 17.08.2017 after deducting the due amount against the complainant, the detail of which as under:

In this way, after debiting and crediting all the amounts, the Opposite Party has already refunded the amount of Rs.1386/- to the complainant vide cheque No.227618 issued on 17.08.2017 and sent on his given address and now there is nothing due against the Opposite Party, but the complainant after receipt of the said amount, on 17.08.2017 has filed his complaint on 11.09.2017  and the complainant is not entitled to any relief from this District Consumer Commission and the complaint may be dismissed. On merits, the Opposite Party took up almost the same and similar pleas as taken up by them in the preliminary objections and hence, there is no deficiency in service on the part of the Opposite Party.  Hence, the complaint may be dismissed with costs.  

4.       In order to  prove  his  case, the complainant has tendered into  evidence his affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C9 and closed the evidence on behalf of the complainant.

5.       We have heard the ld.counsel for the parties and also  gone through the documents placed  on record.

6.       The case of the complainant is that he got installed landline number  bearing 0161-2308238 on 07.02.1996 and paid security of Rs.3000/- with the Opposite Party. Thereafter, the complainant  made request to the Opposite Party  on 23.03.2017  to close / surrender his landline number and refund the security amount. Accordingly, the Opposite Party disconnected his landline number on 08.04.2017, but did not refund the security/ surrender money to the complainant despite repeated requests and demands. On the other hand, the case of the Opposite Party is that Opposite Party has already made the payment of the amount of Rs.1386/- to the complainant vide cheque No.227618 issued on 17.08.2017 after deducting the due amount against the complainant, the detail of which as under:

In this way, after debiting and crediting all the amounts, the Opposite Party has already refunded the amount of Rs.1386/- to the complainant vide cheque No.227618 issued on 17.08.2017 and sent on his given address and now there is nothing due against the Opposite Party, but the complainant after receipt of the said amount, on 17.08.2017 has filed his complaint on 11.09.2017  and the complainant is not entitled to any relief from this District Consumer Commission and the complaint may be dismissed. It is not disputed that the landline number installed at the premises of the complainant was got disconnected and after that, the complainant made request to the Opposite Party for the refund of the security which was deposited by him  vide receipt Ex.C1 amounting to Rs.3000/-. Not only this, the complainant has himself placed on record the copy of the demand draft  dated 17.08.2017 for Rs.1386/- issued by the Opposite Party in favour of Ramesh Chand Thakur (complainant). On the other hand, the case of the Opposite Party is that after deducting & crediting and debiting all the amounts, the Opposite Party has already refunded the amount of Rs.1386/- to the complainant vide cheque No.227618 issued on 17.08.2017 and sent on his given address and now there is nothing due against the Opposite Party, but the complainant after receipt of the said amount, on 17.08.2017 has filed his complaint on 11.09.2017, but the complainant has not produced any iota of evidence to rebut these contention of the Opposite Party, rather chose to file the instant complaint on 11.09.2017 after getting the refund of the security amount vide cheque dated 17.08.2017 and hence, the complainant has failed to prove any deficiency in service on the part of the Opposite Party. 

7.       In view of the aforesaid facts and circumstances of the case, the instant complaint stands dismissed. All applications pending before this District Consumer Disputes Redressal Commission, if any, stand disposed off accordingly. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost by District Consumer Disputes Redressal Commission, Ludhiana  and thereafter, the file be consigned to record room after compliance.

8.       Reason for delay in deciding the complaint.

This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer  Disputes Redressal Commission, Moga with directions to work on this file onward from 14^th March, 2022 and accordingly District Consumer  Disputes Redressal Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible.

Announced in Open Commission at Camp Court, Ludhiana.

Dated: 29.09.2022.