Haryana

Yamunanagar

CC/271/2015

Puran Parkash S/o Soma Ram - Complainant(s)

Versus

General Manager,Telecom - Opp.Party(s)

B.K.Goel

14 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 271 of 2015.

                                                                                    Date of institution: 30.07.2015.

                                                                                     Date of decision: 14.12.2016.

Puran Parkash aged about 70 years son of Shri Soma Ram r/o 238-B, Harbanspura Colony, Yamuna Nagar.  

                                                                                                                                   …Complainant.

 

1. General Manager, Telecom, Ambala.
2. S.D.O. Bharat Sanchar Nigam Ltd. Telephone Office Building Near MLGH, Yamuna Nagar.                                                                                                                                                                                                             

                                                                                                                                 …Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. B.K.Goel, Advocate, counsel for complainant.    

               Sh. M.C.Gupta, Advocate, counsel for respondents.

           

ORDER

 

1.                     Complainant Puran Parkash has filed the present complaint under section 12 of the Consumer Protection Act. 1986 praying therein that the respondents (hereinafter referred as Ops) be directed to refund the amount of Rs. 2000/- which was deposited as security alongwith interest and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the complaint, as alleged by the complainant, are that complainant was having a telephone connection bearing No. 01732-291392 and at the time of connection a sum of Rs. 2000/- was deposited as security. Thereafter, the abovesaid telephone was disconnected and the last bill of Rs. 254/- was deposited in the office of OP No.2 and instrument of the telephone etc. were also deposited by the complainant on 17.10.2014 vide receipt No. 453. Thereafter, the complainant applied for refund of the security amount of Rs. 2000/- on 06.04.2014 but inspite of best efforts the OPs have not refunded the security amount to the complainant. However, a cheque of Rs. 377/- was sent to the complainant but the complainant did not enash the same as it was returned by the bank on account of out dated and after that the same was sent to the OPs Nigam and he was entitled to receive Rs. 2000/- from the OPs. A legal notice dated 02.03.2015 was also served upon the OPs but all in vain. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; this Forum have no jurisdiction to hear and decide the present complaint; complainant has no locus standi to file and maintain the present complaint; there is no cause of action; complainant has concealed the true and material facts. The true facts are that the phone number 01732-291392 was installed in the premises of the complainant on 17.07.2004 and the said number was closed on 02.04.2013. The complainant again activated the same number on 10.05.2013 but thereafter the telephone number in question was closed permanently on 18.02.2014. It has been further submitted that initially the complainant had paid a sum of Rs. 2000/- as initial deposit and out of the said amount a sum of Rs. 680/- had been adjusted in the first bill against rent and installation charges. As such, the security amount of the said phone after deducting the said amount remains only Rs. 1320/-. Out of this amount an amount of Rs. 943/- had been adjusted for the unpaid bill dated 01.03.2014, so, in this way, a sum of Rs. 377/- was left with the OPs Nigam as security which was refunded to the complainant through cheque vide registered post dated 13.03.2015.

4.                     After that complainant again requested to install the said phone and the same phone number with new billing account No. 1022348493 was restarted on 26.04.2014 and an amount of Rs. 500/- was again paid by the complainant as security. Thereafter, this phone was again closed permanently on 25.10.2014 and complainant had paid a sum of Rs. 254/- on 27.10.2014 (Annexure C-2) and has not paid a bill of Rs. 402/- which had been adjusted from the security amount of Rs. 500/- and remaining security amount of Rs98/- was sent to the complainant vide cheque No. 328938 dated 28.08.2015 but the complainant has refused to accept the same and has filed this complaint and on merit controverted the plea taken by the complainant and reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint as there was no deficiency in service or unfair trade practice on the part of OPs.

5.                     To prove the case, complainant tendered into evidence his affidavit as Annexure CW/A and documents such as carbon copy of receipt dated 17.10.2014 as Annexure C-1, Original receipt of depositing amount of Rs. 254/- as Annexure C-2, Application dated 06.04.2014 as Annexure C-3, Copy of so called legal notice sent by complainant himself on 02.03.2015 as Annexure C-4, Courier receipts as Annexure C-5 to C-7, So called legal notice dated 28.04.2015 as Annexure C-8, Delivery run sheet of dot courier as Annexure C-9, Courier receipt as Annexure C-10, Application as Annexure C-11, Postal receipt as Annexure C-12, Photo copy of cheque of Rs. 377/- as Annexure C-13, Memo of Bank returning the cheque as Annexure C-14, Original application as Annexure C-15, Photo copy of application as Annexure C-16, Original application alongwith postal receipts as Annexure C-17 and C-18 respectively and closed his evidence.

6.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Bhupinder Singh AGM legal as Annexure RW/A and closed the evidence on behalf of OPs.

7.                       We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely & carefully.

8.                   After hearing both the parties, we are of the considered view that there is a deficiency in service on the part of OPs Nigam as it is not disputed that at the time of installation of the telephone connection bearing No. 01732-291392, an amount of Rs. 2000/- was deposited as security by the complainant. It is also not disputed that the telephone connection bearing No. 01732-291392 was permanently closed on 18.02.2014 as this fact has been admitted by the OPs Nigam in para No.6 of their reply. The only version of the OPs that an amount of Rs. 680/- had been adjusted in the first bill against rent and installation charges and an amount of Rs. 943/- had been adjusted for the unpaid bill dated 01.03.2014 and remaining amount of Rs. 377/- was refunded to the complainant vide registered post dated 13.03.2015 which was not encahsed by the complainant due to out dated cheque and the same was returned to the OPs Nigam but this version of the OPs is not tenable as no such evidence has been placed on file by the OPs Nigam.  When the amount of Rs. 2000/- was deposited as security at the time of installation of the telephone connection in question in the year 2004 then how the OPs Nigam can adjust the amount of Rs. 680/- against the rent and installation charges in the first bill as alleged in the reply filed by the OPs. Similarly, the plea of the OPs that an amount of Rs.943/- had been adjusted for unpaid bill dated 01.03.2014 is also not tenable as no such evidence has been placed on file to prove the same. Even the OPs Nigam did not bother to file any account statement or copy of bill showing the said alleged amount. The OPs Nigam has only placed on file affidavit of Sh. Bhupinder Singh AGM legal in support of their version and the best evidence i.e. account statement, copy of bills has been withheld by the OPs Nigam due to the reasons best known to them. From the perusal of applications and so called legal notice issued by the complainant himself Annexure C-3, C-4, C-8, C-11, C-15, C-16 and C-17, it seems that the official of the OPs Nigam has not attended the complainant properly and could not justify their stands to the complainant which shows negligence as well as carelessness on the part of the OPs Nigam which forced the complainant to file the present complaint.

9.                     To avoid further litigation and keeping in view the facts that complainant has not encahsed the cheque of Rs. 377/- and cheque of Rs. 98/- issued by the OPs in the name of complainant and the amount of the same is lying with the Ops Nigam which was part of security amount deposited by the complainant and to avoid further litigation between the parties and in the absence of any cogent evidence which was available with the OPs Nigam, we have no option except to partly allow the complaint of complainant.  

10.                   Resultantly, we partly allow the complaint of complainant and direct the Ops to pay/ refund a lump sum of Rs. 2000/- to the complainant within a period of 30 days failing which complainant shall be entitled to get interest at the rate of 7% per annum for the defaulting period. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 14.12.2016.

                                                                                    (ASHOK KUMAR GARG)

                                                                                    PRESIDENT,

                                                                                    DCDRF Yamuna Nagar

                                    (S.C.SHARMA )

                                     MEMBER