Presented by Miss B.L.Dora, Member.<br /> The case of the Complainant is that, as being an unemployed graduate, he has applied for a pay-phone near the Opposite Parties to earn for his livelihood. A demand note, bearing No.373 has been issued on Dt.28/08/1996 from the office of the Opposite Parties in respect to which the Complainant has deposited Rs.600/-(Rupees six hundred)only with all necessary documents required. For this purpose, the Complainant has taken a “15 X 15” room at National High Way on rent in which he has invested much to make a show-room.<br /> <br /> On repeated request for giving connection, the Opposite Parties assured the Complainant to give it in the next allotment.<br /> <br /> But after spending a lot of money in this sphere, the Complainant became aware about the giving of pay phone connection to others of that locality, who were applied after him.<br /> <br /> On Dt.20/05/2007, the Complainant received a draft of Rs.1,155/-(Rupees one thousand one hundred fifty five)only Dt.12/03/2007 from the Opposite Parties. The non-allotment of a telephone connection is the malafide intention of the Opposite Parties. For this act, the Complainant has deprived of self-earning of Rs.4,000/-(Rupees four thousand)only to Rs.5,000/-(Rupees five thousand)only per month, suffered with huge expenditure on the documentation, transportation, making of a infrastructure for a pay-phone call ect. with mental pain and agony.<br /> <br /> Apart from this, after paying for demand note, the Complainant is giving rent of Rs.1,000/-(Rupees one thousand)only per month till a period of one year. The cause of action arosed here from Dt.11/03/1997, when the Complainant sent Rs.600/-(Rupees six hundred)only through money order and further on Dt.20/05/2007, when the Complainant received the Bank Draft of Rs.1,155/-(Rupees one thousand one hundred fifty five)only from the Opposite Parties.<br /> <br /> The Complainant prayed for Rs.2,00,000/-(Rupees two lakh)only as compensation for disparaging consumerable interest, Rs.2,00,000/-(Rupees two lakh)only towards expenditure that the Complainant has been suffered with for documentation, transportation since 1996 to 1997, loss of earning if would have bestowed himself in another place he would have earned, Rs.90,000/-(Rupees ninety thousand)only for mental pain and agony with litigation cost of Rs.10,000/-(Rupees ten thousand)only.<br /> <br /> In support of his case, the Complainant has filed these documents as follows:-<br /> (1)Xerox copy of the Demand Note, Dt.28/08/1996.<br /> (2)Xerox copy of the Telephone Bill receipt No.373 Dt.28/08/1996.<br /> (3)Xerox copy of the payment receipt on Dt.12/03/2007.<br /> In it's response, the Opposite Parties have filed their written version asking about the point of limitation with admitting the security deposit of Rs.600/-(Rupees six hundred)only for Pay-phone. The Opposite Parties denied about the rented house and submitted of all the required documents. On Dt.25/04/1997, the Complainant desired for the installation of the Pay-phone in his own land and submitted the xerox copy of the village map inconnection with major settlement Plot No.652, Part AO.05 dec and there was no house over the land.<br /> <br /> So, this proposed side for the installation of pay phone was not found feasible. As the non-availability of distribution point in that location, the connection was not supplied. For this reason, the security deposit of Rs.600/-(Rupees six hundred)only was refunded with interest amounting to Rs.555/-(Rupees five hundred fifty five)only to the Complainant through Bank Draft on Dt.12/03/2007.<br /> <br /> Gone through the Complaint petition, and version, Affidavits filed by both the Parties, heard from the counsels from both the sides with proper verification of documents filed by them. On analysis of all these matters it is found out that, the Complainant has deposited Rs.600/-(Rupees six hundred)only for the Demand Note, issued in favour of him by the Opposite Parties, on Dt.28/08/1996. The Opposite Parties have returned the security amount on Dt.12/03/2007 through Bank Draft of Rs.1,155/-(Rupees one thousand one hundred fifty five)only with interest amounting to Rs.555/-(Rupees five hundred fifty five)only over the security amount of Rs.600/-(Rupees six hundred)only, was received by the Complainant on Dt.20/05/2007.<br /> <br /> On proper scanning of all these facts and circumstances, approximately a long delay of above ten years, comes between Dt.28/08/1997 to Dt.20/05/2007. The cause of action can not be denied and the case comes within limitation.<br /> <br /> Hence, it is not proved that the Opposite Parties, have intimated about the non-feasibility position for installation to the Complainant within a reasonable time.<br /> <br /> Hence, prima facie shows here the gross negligencey and deficiency in service on the part of the Opposite Parties.<br /> <br /> In these circumstances, the Complaint petition is allowed.<br /> :- O R D E R -:<br /> <br /> The Opposite Parties are jointly and severally directed to pay Rs.5,000/-(Rupees five thousand)only as compensation for mental agony and harassment inclusive of litigation cost to the Complainant within thirty days from the date of Order, failing of which an 18%(eighteen percent) interest will be imposed on the total amount awarded till the date of actual payment.<br /> The case is disposed of.<br />