DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 10th day of June, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 21/11/2018
CC/151/2018
Narayanan.T - Complainant
S/o Late T.V.Kutty,
Veenas Souparnika,SMR Gardens,
Malampuzha Road,Olavakkode,
Palakkad -678 002.
(Party in person)
Vs
1. Bharat Sanchar Nigam Ltd,
Palakkad -678 014.
2. The Accounts Officer(Cash) - Opposite Parties
Office of the Chief General Manager(Telecom)
Bharat Sanchar Nigam Ltd,
TB Road,Palakkad- 678 014.
(By Adv.P.K.Devadas)
O R D E R
By Sri. Krishnankutty.N.K.,Member
Pleadings of the complaint
1. The complainant surrendered his BSNL Landline phone No.0491-2556967 by way of his surrender application dated 18/09/2017. The instrument was handed over to the Junior Telecom Officer against his acknowledgement dated 19/09/2017.
The surrender application was processed and respective bill was issued by opposite party vide Bill No.SDCKL0001268742 dated 05/11/2017. As per the bill, the amount payable to the complainant was Rs.2279.72(Rounded to 2280/-)
Even after a lapse of over one year the amount was not credited to his SB account with State Bank of India as given in the surrender application form, inspite of his several visits to office of the opposite party No.1 and request letter dated 27/08/2018 addressed to the opposite party 2.
2. Notices were issued to opposite parties on 29/11/2018. In their version filed on 07/05/2019, the opposite parties contended that as per their official records, the amount was sent to the complainant on 23/05/2018 by way of cheque bearing no. 2123441 dated 23/04/2018 drawn on Union Bank of India,Pattom Branch,Kesavadasapuram,Thiruvananthapuram in the address known to them and the complaint has not intimated the receipt or non receipt of the cheque to them so far. They have also mentioned that the time taken normally to process such application and finally issue the cheque is more than six months from the date of closure of telephone connection and in the present case they have taken 8 months.
3. Evidence on the part of complainant comprised of proof affidavit and Exhibits A1 to A6 . Opposite party filed proof affidavit. No document was sought to be marked on the part of opposite parties.
During the subsequent sittings the opposite parties repeated their position as above, but failed to explain what happened to the cheque issued in the name of the complainant or to produce any evidence of having despatched the cheque to the party. Finally on 24/03/2022 the opposite party filed memo along with the following documents.
1. Cheque number 2123441 dated 23/04/2018 for any favouring the
complaint to for Rs.2280/- drawn on Union Bank of India,Pattom,
Thiruvananthapuram.
2. Postal cover with endorsements “LOCKED” on 11/06/18 and
“LEFT” on 12/06/2018.
4. Issues involved in the case
1. Whether there is any deficiency of service on the part of opposite parties.
2. Whether the complainant is eligible for any relief.
3. Relief/interest etc. if any.
Issue 1
5. The complainant surrendered his BSNL landphone connection (No.0491-2556967) byway of surrender application dated 18/09/2017. The instrument was also handed over to the Junior Telecom Officer on the same day against his acknowledgement. Inspite of the fact that the application was processed on 05/11/2017 and bill raised for Rs.2280/-, the cheque for the amount was drawn only on 23/04/2018 and sent to the party only on 23/05/2018. As per the records submitted by the opposite party , on 24/03/2022, the Registered cover containing the cheque was returned undelivered for the reason “left” on 12/06/2018.
6. Even if the opposite party’s contention that the normal time taken to process the surrender application and to issue cheque is 6 months is accepted, there was delay of over 6 months from the date of surrender to the dispatch of the cheque to the complainant.
Further, after having entered appearance on 24/12/2018, the opposite party had taken no steps what so ever for over 3 years to hand over the amount or settle the case of the complainant. Hence this is a case of clear deficiency in service.
Issue No.2 & 3
7. The complainant has sought the following reliefs.
1. Amount to be received as refund of deposit = 2280.00
2. Travelling and connected expenses = 16000.00
3. Compensation for mental agony etc.= 25000.00
Though the complainant has rasied claims regarding his travel expense from Bengaluru to Palakkad, it was not conclusively proved that the journey were undertaken exclusively in connection with the refund of Rs.2280/-. But the fact that the complainant had suffered in the hands of the opposite parties is undeniable.
In view of all what is stated above , this Commission is pleased to order as follows.
1.Opposite party is directed to pay the refund amount of Rs.2280/- along with interest @ 9% from 19/09/2017 till the date of payment .
2. Opposite parties are directed to pay a compensation of Rs.20,000/- towards mental agony and pain undergone by him.
3. The complaint is entitled to a cost of Rs.10,000/-.
Comply with this order within 45 days from the date of receipt of a copy of this order, failing which the complainant will be entitled to a solatium of Rs.250/- per month or part thereof from the date of this order till date of final settlement.
Pronounced in the open court on this the 10 th day of June, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Copy of application for surrender of telephone.
Ext.A2 - Bill number SDCKL0001268742 Dated 06/11/2017 of BSNL Palakkad.
Ext.A3 - Redirection request dated 12/06/2018 filed by complainant before the post master , HPO ,
Olavakkode
Ext. A4- Communication dated 27/08/2018 issued to the 2nd opposite party.
Ext A5- Original train ticket bearing number 54697117.
Ext A6- Original train ticket bearing number 06849629.
Ext A7-Courier receipt bearing number B55608516.
Exhibits marked on the side of Opposite parties
NIL
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: Rs.10,000/-
