In the matter of complaint filed by the above named Complainant for deficiency of Service on the part of the S.D.O Telephone, Balasore (O.P).
The case of the Complainant in brief is that the Complainant had a land-line telephone connection from the Office of the O.P vide Customer ID No.3000355654 & Account No. 8000356004. The Complainant used to make payment of the telephone consumption charges. The Complainant due to non use of land-line telephone decided to close the said land-line connection. Accordingly, the Complainant through an application requested the O.P to close the land-line connection and requested to refund the security amount of Rs. 2,000/- deposited by the Complainant. The Complainant on 27.10.2018 deposited all the apparatus to the O.P office. The O.P after receiving the application & apparatus from Complainant, served a monthly telephone bill in the month of Dec-2018 for the bill period 01.11.2018 to 30.11.2018 showing Nil amount. The Complainant on several time visited the O.P office to refund the security amount, but the O.P did not take any step towards refund of the said amount. The Complainant on 22.10.2020 sent one legal notice to the O.P. The O.P though received the legal notice, but became mum, which amounts to deficiency of service. So, the Complainant has filed her complaint with a prayer to direct the O.P to refund the Security deposit amount of Rs.2,000/- along with compensation & litigation cost.
2. The O.P received the notice in this case issued from this District Commission, but neither the O.P appeared personally nor filed written version. So, the O.P set ex-parte from this case vide order dtd.17.11.2021.
3. Points for determination
(i) Whether non-refund of security amount by the O.P amounts to deficiency in service on his Part ?
(ii) Whether the Complainant is entitled to get the relief as sought for ?
4. Findings
Points No (i) & (ii)- Since all the points are inter-related, they are taken up together for the sake of convenience.
The Learned counsel of Complainant submitted that she had a land-line telephone connection from the O.P bearing Customer ID No. 3000355654 & Account No. 8000356004. But, due to non-use of telephone, the Complainant decided to close the telephone connection from her home. Accordingly, on 22.10.2018 the Complainant through application requested the O.P to close the said land-line connection & also deposited the entire apparatus to the O.P. Further, it is submitted that the Complainant also requested the O.P to refund the security amount of Rs. 2,000/- deposited at the time of telephone connection. After several request when the O.P did not respond, the Complainant on 22.10.2020 sent a legal notice to the O.P. The O.P received the legal notice, but did not respond it, which amounts to deficiency of service on the part of O.P.
5. We perused the documents filed on behalf of the Complainant, it is seen from the acknowledgement receipt that after receiving the application from the Complainant regarding the closure of land-line telephone connection from her house, the O.P issued an acknowledgment receipt. As per the said acknowledgement receipt, the telephone connection was closed on 27.10.2018 of fixed telephone connection No.267987 working in the name of Complainant. The acknowledgment receipt is duly signed by the authority of O.P. It is further seen from the Telephone bill in the month of December-2018 that the said bill is issued by the O.P for the period of 01.11.2018 to 30.11.2018. It is further seen that the O.P imposed nill amount against the said Customer ID No. 3000355654 & Account No. 8000356004. It is also seen from the payment advice issued by the O.P in the name of Complainant that on dtd.20.12.2018 vide vendor reference No. 8000356004, BSNL reference No. 1902455575, the O.P has issued an Account Payee cheque of ICICI Bank, Unit-III, BBSR bearing cheque No.079500, dtd. 04.01.2021, amounting Rs.1,316/- in favour of the Complainant. The O.P sent this payment advice & cheque to the Complainant through registered post with A.D.
6. From the foregoing discussion & documents, we hold that the O.P after receiving the notice of this District Commission, refunded the amount of Rs.1,316/- to the Complainant through A/c Payee cheque. The Complainant has not filed any relied documents regarding the payment of the security amount deposited at the time of the land-line telephone connection. The O.P did not pay the security amount soon after the closure/ disconnection of the telephone connection from the Complainant. Further, on filing of this Consumer case by the Complainant and the O.P on receiving the notice of this District Commission instead of appearance, preferred to pay the said amount towards security deposit, which was deposited by the Complainant at the time of telephone connection, which amounts to deficiency of service on the part of the O.P. So, the Complainant has cause of action to file this Consumer case.
O R D E R
The Consumer case filed by the Complainant is allowed on ex-parte. The O.P is directed to refund the security amount if any to the Complainant. The O.P is further directed to pay Rs.1,000/- towards compensation & Rs.1,000/- towards litigation fees to the Complainant within one month from the date of receiving of this order, failing which the O.P is liable to pay 5% interest p.a on the total amount till realization.
Pronounced in this open District Commission on 30th November, 2021 given under my signature and seal of this District Commission.
