Date of filing : 26-12-2009 Date of order : 07-04-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 280/2009 Dated this, the 7th day of April 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER B.Mohammed Kunhi, M/s Ever Bright Electronics, Metro Building, Chakkara Bazar, } Complainant Kasaragod. 671 121. (Adv. Madhavan Malankad, Kasaragod) Reliance Communications, Shobha Aracde, Ashwini Nagar, } Opposite party N.H.17, Kasaragod.1. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT In nutshell the case of the complainant is that he subscribed the service of opposite party by depositing Rs.1800/- on 6-1-2005. The deposit was refundable on termination of services. The connection was disconnected on 7-12-2007. Though complainant requested for refund of security deposit the opposite party has not cared to refund the deposit. Thereafter the complainant received a bill dated 28-12-2007 for Rs.274.72 claiming another sum of Rs.512.70 thus in total Rs.838.00. No such amount is payable to opposite party. Opposite party has not refunded the security deposit even after causing a lawyer notice on 9-10-2009. Hence the complaint for an order declaring that the complainant is not liable to pay Rs.838.00 as claimed in the bill dated 28-12-2007 and for the refund of security amount Rs.1800/- with a compensation of Rs.5000/- and cost of Rs.2000/-. 2. Though registered notice was served on opposite party, opposite party remained absent. Hence opposite party was set exparte. 3. Complainant adduced evidence as PW1 and Exts A1 to A5 marked. Counsel for the complainant heard. Documents perused. 4. The case of the complainant is that his telephone is disconnected 7-12-2007 and he is not liable to pay the amount claimed subsequently as per Ext.A5 dated 28-12-2007. But on examination of the bill it is seen that the billing period pertaining to Ext.A5 is from 28-11-2007 to 27-12-2007 and the amount Rs.512.70 is claimed as previous dues. So complainant is liable to pay the bills atleast upto the date 7-12-2007. Therefore there is no deficiency in service in issuing the Ext.A5 bill and the complainant is not entitled to get an order that he is not liable to pay that amount. 5. The next relief sought by the complainant is the refund of security deposit of Rs.1800/-. Definitely he is entitled to get back the said amount and there is no explanation forthcoming from the opposite party for not refunding the security deposit. In the result, complaint is partly allowed and opposite party is directed to refund the balance of security deposit after adjusting the dues to them i.e. Rs.1800-838 = 962/- together with a cost of Rs.2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite party shall be liable to pay interest for Rs.962/- @ 12% per annum from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT A1. Photocopy of receipt cum acknowledgement A2.7-12-07 Acknowledgement slip for disconnecting Telephone. A3. 9-10-09 Copy of lawyer notice. A4. Acknowledgement card A5.28-12-07 Bill for Rs.274.72. PW1.B.Muhammedkunhi Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
