IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/73/2017
Date of filing: 08-05-2017 Date of disposal: 07 -02-2018
Complainant - Shri Bijoy Kumar Jhawar, S/o Late Sriballab Jhawar, Beldanga Stn. Road, PO + PS – Beldanga, District – Murshidabad, Pin Code – 742133, W Bengal.
VS.
Opposite Party – Station Manager, Beldanga CCC, WBSEDCL, PO + PS – Beldanga, District – Murshidabad, Pin Code – 742133, West Bengal.
Present : Sri Manas Kumar Mukherjee- Member
Smt. Chandrima Chakraborty – Member / President – in -Charge
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for refund / payment of additional security deposit / money, for surrendering of electrical connection and compensation of Rs. 50,000/- for mental pain and agony, faced.
The case of the complainant, in brief, is that, the complainant, was maintaining a 30 HP industrial connection, the connection no. being1-010237 (1-1105).
The complainant, deposited an amount of Rs. 4,500/- only, towards, security money / deposit, the receipt no. being 55270 dated 06. 03. 1989. Subsequently, the complainant deposited an amount of Rs. 20,200/- only, as additional security deposit / money, the receipt no. being 050076, dated 02. 05. 2002.
Subsequently, the petitioner applied to the OP for surrendering his electrical connection and paid an amount of Rs. 40/- only, as disconnection charge, the receipt no. being BLD/ES/342022727 dated 14. 07. 2010 and applied for refund of both the security deposit (s), along with the original money receipts, on 16. 08. 2010.
As alleged by the complainant, the OP informed him about misplacement of the receipt, pertaining to payment of additional security deposit of Rs. 20,200/- only and advised / instructed the complainant to submit an affidavit, in this regard.
Subsequently, the OP refunded the initial security deposit to the complainant, along with interest but did not refund the money paid as additional security deposit / money.
Hence, the case has been filed, before this Forum.
The W/V filed by the OP, stated that that the complainant is not maintainable in its present form, along with, some other observations.
The OP further stated in its’ W/V, that the misplacement of original receipt, by the OP is untrue, though the OP could not submit any evidence, of refunding the security deposit, to the complainant.
All of the parties have recorded their presence, in the matter, when the matter was referred to this Forum, for adjudication and submitted documents, in support of their submission (s). Complainant and OP, argued the matter.
Point to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint. The OP has also filed W/V, in support of its’ statements.
Heard, complainant and OP, in full.
It is observed, that on official acceptance of surrendering the electricity connection, by the complainant, by the OP, the security deposit needs, to be refunded by the OP to the Complainant, that also in scheduled time, in mandatory nature.
Hence,
ORDERED
the Consumer Complaint no. 73/2017 is allowed in part.
The OP is hereby directed / ordered to release the payment / refund of security money / deposit, amounting to Rs. 20,200/- only, to the complainant, within 30 days, from the date of receipt of this order, along with simple interest of 6%, to be calculated, for the period, on and from the scheduled date of release of the securitydeposit / money, to the actual date of releasing the payment, in default, the OP, will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
