1.                     The brief history of the case of the complainant is that he surrendered his Land Line Phone bearing No.06853-255563 to the Ops on 26.4.2014 and requested for return of Security Deposit (SD) amount but the OPs released a sum of Rs.1445/- towards SD vide Cheque No.000646 dt.17.3.2015 drawn on UBI.  It is submitted that the complainant deposited the cheque at SBI, Damanjodi Branch immediately but unfortunately the bank returned the cheque on 02.4.15 stating that “55-Account Blocked situation covered 2125” and debited Rs.150/- from the accounts of the complainant.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to refund Rs.1445/- with interest from 26.4.14 @ 18% p.a. and to refund Rs.150/- with same interest from 02.4.15 as charged by the bank and also to pay Rs.10, 000/- towards compensation and costs to the complainant.

2.                     The Ops filed counter in joint admitting the surrender of land line by the complainant and refund of SD amount on 17.3.2015.  It is contended that the complainant presented the cheque on 02.4.15 at Damanjodi knowing the fact that the accounts of BSNL was seized by the Sales Tax Authorities on 31.3.2015 which was beyond the expectation of the Ops and hence there is no deficiency in service on their part.  It is further contended that the complainant could have contacted OP.2 or bank on 06.4.15 which could have been honored but the complainant could not do so.  Thus denying any fault on their part the Ops prayed to dismiss the case of the complainant.

3.                     The complainant has filed certain documents and the Ops filed affidavit in support of their cases.  Heard from the complainant and A/R for the Ops and perused the materials available on record.

4.                     In this case surrender of land line by the complainant on 26.4.14 and request for return of SD amount is an admitted fact.  The Ops also admitted that they have released the SD amount in shape of a cheque bearing No.000646 dt.17.3.2015 drawn on Union Bank of India.  The case of the complainant is that he deposited the cheque with SBI, Damanjodi but the bank returned the cheque with a memo stating that the account of BSNL with UBI is in blocked situation and also recovered Rs.150/- from the accounts of the complainant towards bounce charges.

5.                     The Ops stated that block of account was beyond their expectations and the complainant has not presented the cheque before or after the block period i.e. from 31.3.14 to 06.4.15.  In this situation it can be stated that it is the look out of the Ops as to how they will maintain their accounts and their office.  The cheque period is 3 months and within that period the complainant can present the cheque.  It is not mandatory for the complainant to deposit the cheque soon after it is received.  Hence it is not the fault of the complainant to deposit the cheque on 02.4.2015.  However, in the above circumstances we do not find any deficiency in service on the part of the Ops but the complainant was debarred to collect his money from the Ops due to such cheque bounce.  Hence the complainant is entitled to get Rs.1445/- towards SD and Rs.150/- towards bank charges from the Ops and above amount certainly bears interest.  The Ops admitted in their counter that surrender request of the complainant has been approved w.e.f. 01.5.2014 but it is seen that the Ops released the said amount on 17.3.15 without showing any valid reason for such delay.  Hence we feel interest on the SD amount from 01.05.2014 will be just and proper.  Further the bank has deducted Rs.150/- on 02.4.15 towards bounce charges.  Hence the complainant is entitled for interest on said deduction from 02.4.15 and interest @ 12% p.a. on both the amount in our opinion, will be justified.  In the peculiar circumstances of the case, we are not inclined to award any compensation but the complainant is certainly entitled for costs of this litigation and we feel a sum of Rs.1000/- towards cost will be appropriate.

6.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to refund Rs.1445/- with interest @ 12% p.a. from 01.05.2014 and Rs.150/- with interest @ 12% p.a. from 02.04.2015 and to pay Rs.1000/- towards cost to the complainant within 30 days from the date of communication of this order.

(to dict.)