BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA Complaint No.54/ 30.04.2008 Decided on : 21.10.2008 Parmeshwar Singh S/o Sh.Baldev Singh resident of village Khara, Tehsil and District Mansa. ......Complainant. Versus 1.S.D.O. (T), Mansa. 2.A.O. (T.R.A.), Mansa. ..... Opposite Parties. Present: Sh.Deepinder Singh, Advocate For the complainant:. Sh.P.K.Singla, Advocate, for the Opp.Party :. Before: Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER: 1. The dispute after which this complaint arises concerns on the tiny amount of Rs.175/- which is said to have been incurred by the complainant Parmeshwar Singh (referred to as CC for short) which he sets to have exchanged with the opposite parties for purpose of recovering a sum of Rs.448/- which is allegedly charged by the opposite parties in lieu of the inflated bills of the telephone and though which has already been paid back on 8.11.2006 to him through cheque No.662467. CC's grievance is that although he asked the opposite parties through Consumer Welfare Society and despite his personal approach to them on 19.11.2006, opposite parties have not paid any heed to it. As such, alleging deficiency in service, the present complaint is filed seeking relief of directing the Contd.......2 : 2 : opposite parties to pay to the CC a sum of Rs.175/- . 2. In reply, legal objections on the grounds of cause of action, locus standi, non-joinder of necessary parties, suppression of material facts and maintainability are taken up. It is the opposite parties case that rent was correctly charged as per rules and regulations. 3. Parties led evidence. 4. Having heard the submissions made at the bar and after careful scrutiny of the evidence, we find that complaint merits acceptance for these reasons. 5. As already noticed, it is the CC's case, as can be culled out from the complaint, that the amount of Rs.448/- was over charged by the opposite parties in lieu of the rent from him, which despite huge correspondence through letters, has been refunded to him. Significantly, in reply this specific averment has not been denied regarding refund of Rs.448/- which was charged in excess by the B.S.N.L as rent, except the objection that this Fora has got no jurisdiction that any amount spent on correspondence does not come under the purview of deficiency in service which, in our view, is not tenable, nor justified for the reason that in support of CC's case the CC has not only come forward with his affidavit Ex.C-1, but he has placed on record copy of letter issued by opposite parties Ex.C-9 regarding refund of amount of Rs.448/- having been sent to the CC vide cheque No.662467 dated 8.11.2006 in lieu of the excess amount of rent. Now it will be noticed that CC has admittedly made correspondence in this behalf with the opposite parties through galaxy of letters which undeniably are acknowledged to have been received by the opposite parties and which are on record till the refund of amount, as late as, on 10.11.2006, which obviously amounts that, by refund of the amount of excess amount, opposite parties made a tacit acknowledgment of the fact of their mistake which lapse of their obviously amounts to deficiency in service and, therefore, by, according to the reply, a specific allegation Contd.......3 : 3 : made in the complaint, the opposite parties seems to have again abided to admit their liability which they have incurred little knowing that these true amounts to negligence and for that deficiency in service. In such a situation, we think it will be too late in the day for the opposite parties to say that the subject matter of the complaint does not constitute a consumer dispute. 6. In view of the matter, we need not touch the individual documents placed on record by the parties as it is an admitted case of both the parties that the CC has entered into a huge correspondence with them for the recovery of the amount for which complaint is filed. In such a situation, we find that CC is entitled to recover this amount from the opposite parties. 7. In view of the forgoing reasons, we allow the complaint and direct the opposite parties to pay a sum of Rs.175/- to the CC. 8. This order of ours shall be complied with within 60 days of its communication. 9. A copy of this order be supplied to each of party free of cost. File be arranged, indexed and consigned to records. Announced: 21.10.2008 Neena Rani Gupta, Sarat Chander, Member. Member.
