Orissa

Koraput

CC/15/121

Sri Prakash Chandra Tripathy - Complainant(s)

Versus

The Accounts Officer (TR) BSNL, O/o. The TDM, Koraput - Opp.Party(s)

Self

26 May 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
KORAPUT AT JEYPORE,ODISHA
 
Complaint Case No. CC/15/121
( Date of Filing : 28 Dec 2015 )
 
1. Sri Prakash Chandra Tripathy
Mohanty Street, Jeypore
Koraput
Odisha
...........Complainant(s)
Versus
1. The Accounts Officer (TR) BSNL, O/o. The TDM, Koraput
Koraput
Koraput
Odisha
2. The S.D.O (Phones), BSNL, Jeypore
Jeypore
Koraput
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. BIPIN CHANDRA MOHAPATRA PRESIDENT
 HON'BLE MRS. Nibedita Rath MEMBER
 HON'BLE MR. Jyoti Ranjan Pujari MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: Sri S. N. Mishra, Advocate
Dated : 26 May 2017
Final Order / Judgement

1.                     The brief history of the case of the complainant is that he surrendered his land line Telephone bearing No.232785 to the Ops and closed the connection on 24.12.2014 but the Ops failed to refund the SD amount till filing of this case in spite of several approaches for which he sustained loss.  Hence he filed this case praying the Forum to direct the Ops to refund the SD amount with interest @ 12% p.a. from 24.12.2014 and to pay suitable compensation and costs to the complainant.

2.                     The Ops filed counter in joint admitting surrender of Tel. No.232785 by the complainant on 24.12.2014 and contended that the refund of security was not within the purview of Ops.  It is contended that the Central Settlement Cell, Bhubaneswar regulates the refund of SD amount and the complainant was to apply to the said authority.  The Ops further contended that after receipt of cheque from the Central Settlement Cell, the same was sent to the complainant but the registered letter returned as the addressee was absent in that address.  Thus denying any deficiency in service on their part, they prayed to dismiss the case of the complainant.

3.                     Parties have filed certain documents in support of their cases.  The Ops filed affidavit.  Heard from the complainant and A/R for the Ops and perused the materials on record.

4.                     In this case, surrender of telephone by the complainant on 24.12.2014 is an admitted fact.  The complainant stated that in spite of approaches the Ops did not listen to his grievance.  The Ops in their counter stated that they have sent the SD amount in shape of cheque to the complainant but the registered letter returned unserved as the complainant was absent.  In support of said averment, the Ops have not filed any postal receipt or the said envelope containing postal remarks.

5.                     It is seen from the record that the Ops have furnished a Cheque bearing No.049277 dt.20.3.2017 of ICICI Bank for Rs.969/- in favour of the complainant towards return of SD amount to which the complainant has received from the Forum on protest.  The complainant submitted that as the amount was with the Ops since long, he is entitled for interest and cost of this litigation.  It is seen that the Ops have returned the SD amount on 20.3.2017 whereas the telephone was surrendered on 24.12.2014.  As such the SD amount of Rs.969/- certainly bears interest from 24.12.2014 to 20.3.2017.  Hence we hold that the complainant is entitled for interest @ 9% p.a. on Rs.969/- from 24.12.2014 to 20.3.2017.  It is further seen that due to such inaction of the Ops, the complainant has filed this case incurring some expenditure and also must have sustained some mental agony.  Considering the sufferings of the complainant, we feel a sum of Rs.1000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to pay interest @ 9% p.a. from 24.12.2014 to 20.3.2017 on Rs.969/- and to pay Rs.1000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.

(to dict.)

 

 

 
 
[HON'BLE MR. BIPIN CHANDRA MOHAPATRA]
PRESIDENT
 
[HON'BLE MRS. Nibedita Rath]
MEMBER
 
[HON'BLE MR. Jyoti Ranjan Pujari]
MEMBER

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