Sri. Ashok Kumar J.Dhole,<br /> President,<br /> <br /> 1. This complaint is filed claiming refund of “deposit” of Rs.3,000/- along with damages of Rs.5,000/-, interest and cost on the ground of deficiency in service. Notice was duly served on the O.P. who appeared, filed version and seriously contested the matter. Both parties have filed their respective affidavit and produced documents. Heard the learned counsels for both sides.<br /> <br /> 2. Undisputed facts, can be briefly summarized as under:-<br /> <br /> O.P.1 and 2 are telephone service providers, and O.P.2 is the branch of O.P.1 at Mysore. It is admitted fact that complainant approached O.P.2 seeking service of a land line, which was provided by O.P.1 and 2 bearing telephone no.5551946 (0821). To provide such land line, the complainant has paid an amount of Rs.3,000/- towards refundable deposit. There is no dispute that complainant was using the land line up to 29-6-05. As complainant was not satisfied with the performance and billing, he surrendered the telephone instrument to O.P.1 under temporary receipt no.71947.<br /> <br /> 3. It is the case of complainant that he was informed that deposit an amount of Rs.3,000/- would be refunded within 30 days, but O.P. has failed to do so, in spite of legal notice dated 10-11-05, hence, this complaint.<br /> <br /> 4. It is the case of O.P. that complainant has not paid bills from 13-3-05 to 10-6-05. As the complainant was defaulter, initially, out going calls were barred on 7-5-05 and 14-5-05. As there was continuous default, the telephone service was disconnected on 16-5-05. As on 10-06-05, the complainant was liable to pay an amount of Rs.1,396/- to the O.P. After deducting this amount, out of the deposited amount of Rs.3,000/-, the O.P. has paid the balance amount of Rs.1,604/- through cheque bearing no.779484 dated 15-11-05 drawn on I.D.B.I. Bank. Though, complainant has received this cheque, he has filed a false complaint. There is no deficiency in service and prayed for dismissing the complaint with cost.<br /> <br /> 5. Points for our consideration are as under:-<br /> <br /> (a) Whether complainant has proved that he had paid upto date bills to the O.P. and was entitled for refund of Rs.3,000/-?<br /> (b) Whether the complainant has proved deficiency in service?<br /> (c) What order?<br /> <br /> 6. Our finding on the above points are as under:-<br /> Point no.5(a) and 5(b) : In the negative.<br /> Point no.5(c) : As per final order<br /> REASONS<br /> <br /> 7. Point no.5(a) and 5(b):- It is stated by the complainant in para 2 of the complaint and his affidavit and he has paid upto date charges to the O.P. Complainant has produced bill dated 13-2-05 in which the out standing balance was shown as Rs.1100/- and the current charges were shown as Rs.18/-. Complainant has produced receipt no.36647 dated 11-2-05 to show that he has paid the arrears of Rs.11.00. It is clear that out standing balance under the bill dated 13-01-05 is paid under the above receipt. As per this document, there was out standing balance of Rs.18/-. Complainant has produced bill dated 13-03-05 in which the amount claimed was Rs.489/- including outstanding balance of Rs.18/-. This amount was required to be paid on or before 30-03-05. The complainant has produced computer generated receipt no.122131 dated 31-3-05 for having paid Rs.490/-. It is the case of complainant that entire amount has been paid as per this bill, hence he is entitled for the refund.<br /> <br /> 8. But it is important to note that complainant has surrendered the instrument, on 29-06-05. Hence, the complainant is liable to pay charges as per the agreement upto date. O.P. has produced computer generated bills for the period from 13-03-05 to 10-04-05 and 11-04-05 to 10-05-05. He has also produced the 3rd bill from 11-5-05 to 10-06-05. As per these bills, the complainant was liable to pay Rs.1,396/- to the O.P. till the date of surrender. The learned counsel for the complainant submitted that these bills were not received by the complainant, hence there was no payment. We do not find any substance in such contention, because there is a clause printed on the backside of the bill which reads as under:-<br /> <br /> “You are billed on a monthly basis. In case you do not receive bill on time, please call 121 and we will tell you the amount payable and arrange to send you a duplicate bill. However you will need to make your payment by the due date.”<br /> <br /> 9. In view of the above terms and conditions, it was the duty of the complainant to find out the bills from 13-3-05 up to the date of surrender, which he has to failed to do so, hence, we do not find any deficiency in service.<br /> <br /> 10. Though, O.P. has filed affidavit, stating that cheque dated 15-11-05 for an amount of Rs.1,604/- drawn on the IDBI bank was sent to the complainant, he has neither denied this fact nor admitted such fact in affidavit and complaint. This complaint is filed on 26-12-05 that is nearly 1 ½ month after the cheque was sent to the complainant. It is stated by the O.P. that reply to the notice was not given, as the notice was received on 12-11-05 and the cheque was sent on 15-11-05. In view of this fact, there was no need to reply the notice. Such stand taken up by the O.P. is accepted, in view of the absence of denial on the part of the complainant. For the forgoing reasons, we proceed to pass following order:-<br /> <br /> ORDER<br /> <br /> 1. Complaint is dismissed.<br /> <br /> 2. Parties to bear costs.<br /> <br /> 3. Give a copy of this order to both parties according to Rules.<br /> <br />