DATE OF FILING : 30.01.2015.
DATE OF S/R : 24.04.2015.
DATE OF FINAL ORDER : 09.09.2015.
Sri Dinabandhu Maji,
son of late Tarapada Maji,
85, Dakshin baksara Village Road, Saratpally,
Howrah 711110. ………………………………………………….. COMPLAINANT.
1. The Area Manager
B.S.N.L. Calcutta Telephones,
Area Manager ( Horah ),
200 & 201,G.T. Road ( North ),
Howrah 711107.
2. The Commercial Officer ( Howrah ),
B.S.N.L., Calcutta Telephones,
Calcutta Telephones,
200 & 201, G.T. Road ( North ),
Howah 711107.
3. The A.O.T.R. / Howrah,
B.S.N.L. Calcutta Telephones,
office of the A.O.T.R. / Howrah,
200 & 201, G.T. Road ( North ),
Howrah 711 107.…………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Sri Dinabandhu Maji, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to issue of a fresh cheque of Rs. 2,281/- along with the interest, to pay Rs. 50,000/- as compensation for causing mental and physical harassment along with other relief or reliefs as the Forum may deem fit and proper.
- It is the specific grievance of the complainant that although he has surrendered his land line connection being no. 2658 0489 due to his financial problem and illness along with the surrender form dated 23.10.2013 vide Annexures. O.ps. issued a cheque of Rs. 2,281/- in favour of the complainant drawn on SBI, Howrah, being cheque no. 465088. But due to illness he could not receive the cheque from the office of the o.ps. for which the said cheque could not be encashed in due course and it became outdated. Complainant requested o.p. no. 3 on 30.5.2014 vide Annexure ‘D’ to revalidate the same but the o.ps. remained silent without doing the needful. Finding no other alternative, he filed the instant case with the aforesaid prayers.
- Notices were served. But they neither appeared nor filed any written version. Accordingly, the case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with the Annexures. Complainant requested the o.ps. on 30.5.2014 vide Annexure ‘D’ to revalidate the cheque of Rs. 2,281/- which was paid by the complainant as security deposit at the time of taking the land line connection from o.ps. And we all know that as and when the landline is surrendered, the consumer is entitled to refund of security deposit. And o.ps. also did so. But the complainant due to his illness could not collect the same from the office of the o.ps. And it came to the knowledge of the o.ps. on last 30.5.2014. So o.ps. should have taken necessary steps to revalidate the same and hand it over to the complainant. But till the filing of the case on 30.01.2015 and even during the pendency of the case, o.ps. remained silent. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed in part. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 40 of 2015 ( HDF 40 of 2015 ) be allowed exparte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to re-issue the cheque amounting to Rs. 2,281/- to the complainant within 30 days hereof.
No order as to compensation.
That the o.ps. are further directed to pay Rs. 1,000/- as litigation costs to the complainant within one month from the date of this order i.d., the aforesaid total amount of Rs. 3,281/- shall carry an interest @ 9% per annum till full realization.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
