By Smt.Padmini Sudheesh, President<br /> <br /> Petitioner’s case is as follows:<br /> <br /> The petitioner availed a phone facility from the respondent on 6/2/04. Among other payments, the petitioner has made a deposit of Rs.1800/-. The phone connection bearing the No.3091474, very often developed snags. After months it was totally dead. The petitioner thought that the respondent will set right the connection. But the respondent in a customary manner used to send their bills, where in there is no phone call charges. There are a lot of extras. During the period of continuous snags, the respondent used to send demand notices. Petitioner is not obliged to pay for the NIL service rendered by the respondent. Notice sent on 9/5/05, no reply, no remedy. Hence this O.P.<br /> <br /> 2. Respondent have filed counter as follows:<br /> The respondent denies all the averments except which are admitted. The respondent stated that he provided proper service to the petitioner. The petitioner did not paid the outstanding bills and hence the connection was banned. There is no cause of action against the respondent. The amount paid Rs.800/- is towards activation charge and Rs.1000/- is towards security deposit. The petitioner is entitled to get back only Rs.1000/-. There is no deficiency of service from the part of the respondent. So the O.P. may be dismissed.<br /> <br /> 3. The points for consideration are (1) whether the respondent can be directed to take back the phone? (2) Whether the petitioner is entitled for the security deposit?<br /> (3) Reliefs and costs? <br /> The evidence consists of Exts.P1 and P2 and Ext.R1.<br /> <br /> 4. The first and second points are to be considered together.<br /> <br /> 5. According to the petitioner the phone was very often developed snags and later totally dead. During that period also bills are issued and there is no phone call charges and there are a lot of extras. But the defective phone is not produced for inspection. He also stated that everything is informed by lawyer notice dated 9/5/05. But the copy of the notice is not submitted before the Forum. Acknowledgement card and postal receipts are also not produced. There is no evidence to show the things were intimated to the respondent. The petitioner has failed to prove his case. The points are found against the petitioner. <br /> <br /> 6. In the result the petition is dismissed and no order as to costs.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 18th day of April 2008.<br /> <br /> <br /> <br />