1. The brief fact of the case of complainant is that he is a consumer under the O.Ps having consumer no. 17103039507 availing the land phone bearing no. 232836.  It is alleged that he paid the bill amount regularly as per his consumption and on 18.09.2012 he closed his phone connection after clearing the arrears and handed over the phone receiver and received the acknowledgement from the O.Ps.  It is alleged that at the time of taking the phone connection he paid Rs.2,000/- with a condition condition that the amount shall be refunded after handover of the telephone instrument.But inspite of repeated requests and representations, the O.Ps did not refund the aforesaid amount.Thus alleging deficiency in service, complainant filed this case with a prayer to direct the O.Ps to refund the security amount alongwith Rs. 10,000/- towards compensation for physical harassment and mental agony to him.
    
2. On the other hand, the O.Ps though appeared in this case, but did not choose to file their counter nor participated in the hearing also inspite of several adjournments and opportunities given to them keeping in view of natural justice, as such we lost every opportunities to hear from them and the case was proceeded exparte hearing against the O.Ps.
    
3. Complainant filed certain documents in support of his allegations. Perused the case records and documents available therein.
    
4. It is an evidentiary fact that the complainant is having telephone connection vide no. 232836 bearing consumer no. 17103039507 from the O.Ps.  Complainant filed documents to that effect.  The allegations of complainant is that he had subscribed the above mentioned telephone connection and paid Rs. 2,000/-with a condition that at the time of closure of the above telephone connection, the security amount of Rs. 2,000/- will be refunded by the O.Ps and at the time of closure of the above telephone connection, he handed over the alleged telephone instrument to the O.Ps which was acknowledged by the O.Ps.  Complainant also filed document i.e. receipt acknowledgement issued by the O.Ps to the effect.  Since the O.Ps. did not choose to file their counter to make any contradiction nor participated in the hearing also, as such, it is held that the complainant had handed over the alleged telephone instrument to the O.Ps on dated 18.09.2012 and all the documents became unrebutted and remained unchallenged.Hence, we do not have any hesitation to disbelieve the allegations of complainant.In this connection, we have fortified with the verdicts of Hon’ble National Commissions in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein it is held that “Unrebutted averments shall be deemed to be admitted.”
    
5. Further at the time of hearing, the complainant submitted that due to non refund of the security amount, he suffered mental agony, physical harassment and financial loss, as he did not get any fruitful result from the O.Ps though he had approached several times and made several representations to the O.Ps. from pillar to post.  Considering the submissions of the complainant, we feel, the complainant definitely suffered from the mental agony and physical harassment due to non refund of the security amount of Rs. 2,000/- by the O.Ps, which they should not do at all as they have received the said amount with a condition to refund the same at the time of handover the alleged telephone instrument by the complainant, and the same mischievous deed of O.Ps clearly proves the deficiency in service on their part which compelled the complainant to seek redress before the Forum by incurring some expenses, for which the complainant is entitled to adequate compensation from the O.Ps.  Hence this order.
   
                                                                                            ORDER
           The complaint petition is allowed in part.  The O.Ps. are herewith directed to refund the security deposit amount of Rs. 2,000/- alongwith interest @ 6% p.a. from the date of closure of the above telephone connection i.e. 18.09.2012 till payment.  Further the O.Ps are jointly and severally liable to pay Rs. 2,000/- towards compensation for causing mental agony and physical harassment and Rs. 1,000/- costs of litigation expenses to the complainant.  All the directions should be complied within 30 days from the date of receipt of this order, failing which security amount of Rs. 2,000/- shall carry interest @ 10% p.a. from 18.09.2012 to till the date of payment. 

        Pronounced in the open Forum on this the 24^th day of December, 2018.

        Issue free copy to the parties concerned.