By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. It is the say of the complainant that on 30-9-2004 her husband purchased in her name a Reliance Fixed Wireless phone connection along with handset for Rs.4300/- from 3rd opposite party. She paid Rs.2000/- for ILD (ISD) activation on 04-10-2004. The bill issued on 12-10-2004 for Rs.451/- was paid on 03-11-2004. On 15-11-2004 ILD was disconnected without any notice. When she contacted 1st opposite party she was informed that amount was due and it was paid on 18-11-2004. Even after repeated requests opposite party failed to reactivate ILD. Thereafter her connection was terminated on request on 02-12-2004. She surrendered her handset on the same day. Opposite party offered to refund Rs.5500/- after 90 days. Till now no amount has been repaid. Hence the complaint praying for refund of Rs.6300/- and Rs.13,700/- towards mental agony and loss suffered.<br /> 2. Opposite party filed version admitting the purchase of phone and receipt of Rs.4300/-. It is stated that out of Rs.4300/-, Rs,3500/- is deposit for ILD (ISD) and Rs.800/- is the installation and activation charge of handset. Later on 4-10-2004 Rs.2000/- was paid for activation of international calls. There were no dues as on 18-11-2004. The next invoice date was 03-12-2004, and the amount payable is Rs.1653/-. Before this billing cycle complainant terminated the connection on 02-12-2004. Since the phone was used from 18-11-2004 to 02-12-2004 she is liable to pay Rs.1101/- towards rent. The refundable deposit is only Rs.3500/-. After deducting Rs.1101/- the balance of Rs.2,399/- was sent to complainant by Demand Draft. No offer was made to pay Rs.5500/-. The ILD facility was never disconnected. Opposite party is not liable to pay any further sum and complaint is to be dismissed.<br /> 3. Evidence consists of affidavits filed on both sides. Exts.A1 to A4 marked on the side of complainant. No documents marked on behalf of opposite party.<br /> 4. The admitted facts are that complainant paid Rs.4300/- to avail the phone connection along with handset. Later she paid Rs.2000/- for activation of ILD. Ext.A1 and A2 are the receipts for the above payments respectively. According to complainant her ILD was disconnected on 15-11-2004. she later terminated her connection on request on 02-12-2004 and surrendered the handset. Though opposite party offered to refund Rs.5500/- no amount was paid. Therefore she claims refund of Rs.6300/-. Complainant relies upon the endorsements made on the reverse side of Ext.A3 and Ext.A4. On the reverse side of Ext.A3 it is written that Rs.5500/- will be paid after 90 days. On the reverse side of Ext.A4 it is written that ILD activation request is not given. Opposite party denies the disconnection of ILD and disowns the endorsements on the reverse side of Ext.A3 and Ext.A4. It is not specifically pleaded or proved by complainant who has made these endorsements. No evidence is tendered to prove these endorsements, as well as that her ILD was disconnected. For these reasons the contentions in the complaint that there was an offer to refund Rs.5500/- and that ILD was disconnected are unacceptable. Admittedly Rs.2000/- was paid towards ILD activation charges and it is not a refundable. Opposite party contends that only Rs.3500/- is refundable deposit. It is also submitted that Rs.1101/- is due from complainant as rent. NO evidence or documents is produced to prove this. Hence this contention is untenable. Complainant is entitled to received Rs.3500/-. Opposite party has paid Rs.2399/- by demand draft which is admitted by complainant. Opposite party is liable to pay the balance of Rs.1101/- also. The non payment amounts to deficiency in service.<br /> <br /> 5. In the result, complaint allowed and opposite parties two and three are jointly and severally ordered to pay a sum of Rs.1101/- (Rupees one thousand one hundred and one only) to the complainant along with costs of Rs.1000/- (Rupees one thousand only) within three weeks from the date of receipt of copy of this order. <br /> <br /> Dated this 14th day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Receipt for Rs.4300/- dated, 30-9-2004 from 2nd opposite party <br /> to complainant.<br /> Ext.A2 : Receipt for Rs.2000/- dated, 04-10-2004 from 1st opposite party<br /> to complainant.<br /> Ext.A3 : Photo copy of the acknowledgement for receipt of service <br /> termination request dated, 2-12-2004 from first opposite party <br /> to complainant.<br /> Ext.A4 : Receipt for Rs.2225/- dated, 18-11-2004 from 1st opposite party <br /> to complainant. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />