J U D G E M E N T

            Claiming himself as a consumer, under the C. P. Act, 1986, the Complainant has sought for interference of this Forum in respect of fact complained of.   

             In a nutshell, the case of the Complaint, is that, the Complainant had a BSNL Broad Band connection having Telephone No. 26342003 in his name under the Opposite Party concerned and the Complainant has surrendered the said BSNL Broad Band connection on 17.04.2015 which was duly disconnected on 23.04.2015 and the Complainant was advised to apply to concerned TR, Chandannagar, Hooghly for withdrawn/refund of the ‘Security Deposit’ amounting to Rs. 2,900/- only.  Accordingly the Complainant has applied before the said appropriate authority on 08.05.2015 along with all relevant original documents with a cancelled cheque for refunding the ‘Security Deposit’ of Rs. 2,900/- only in respect of his surrendered BSNL Broad Band connection.

              After expire of reasonable time period the Complainant sent an online reminder on 15.08.2015 , vide Docket No. KOL/CO/2015/1047. The Complainant severally reminded the Opposite Party for refunding the said ‘Security Deposit’ through online application on different dates but the Opposite Party failed to refund the same. The Complainant personally visited to the Opposite Party’s office but the Opposite Party did not pay any heed to it. The Opposite Party willfully and deliberately avoided refunding the said ‘Security Deposit’ amount of Rs. 2,900/- only towards the Complainant, what amounts to negligence and deficiency in service on part of the Opposite Party and caused mental agony and harassment to the Complainant for which he had asked for compensation. Hence, this case is filed for seeking adequate redressal before this Forum. 

              Despite proper service of the notice to the Opposite Party, the concern Opposite Party never appeared before the Forum to contest the case nor had filed any ‘Written Version’ on their behalf  through any Ld. Advocate/Representative. Thus the Opposite Party has relinquished the scope to refute the case. So, the instant case has been heard ex-parte against the concerned Opposite Party.

                                         Points for Determination

             The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.                                        

                                           Decision with Reasons

             In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.

             The main allegation of the Complainant is that, the Opposite Party was/is failed to refund the alleged ‘Security Deposit’ amounting to Rs. 2,900/- only to the Complainant instead of several requests made by the Complainant.

             We have carefully considered and scrutinized the submission made before us by the Complainant in person and also critically perused all the material documents on record.  

              On overall evaluation of the argument advanced by the Complainant in person, and on critical appreciation of the case record, it is clearly evident that the Complainant had a BSNL Broad Band connection having Telephone No. 26342003 in his name under the Opposite Party concerned which the Complainant already has surrendered on 17.04.2015 towards the Opposite Party, which is evident from the photocopy of such document submitted by the Complainant.

              The record reveals from the photocopy of the documents filed by the Complainant that the Opposite Party has duly disconnected the said connection on 23.04.2015.

               It is further revealed from the photocopy of the relevant document submitted by the Complainant that the Complainant has applied on 08.05.2015 along with all relevant original documents before the ADTR, BSNL, Chandannagar, Hooghly for refunding the ‘Security Deposit’ of Rs. 2,900/- only in respect of his surrendered BSNL Broad Band connection.

             The record also reveals that the Complainant further submitted the photocopies of some more documents which evident that the Complainant severally reminded the Opposite Party by sending online reminders on different dates but the Opposite Party failed to refund the same rather did not bother to response such e-mails.

             Thus the fact remains that after due surrendering of the BSNL Broad Band connection the Complainant claimed the amount of refundable ‘Security Deposit’ of Rs. 2,900/- only what amount he is legally entitled to get back from the part of the Opposite Party and the Opposite Party not only failed to refund the said amount but also neglected to response the bonafide claim of the Complainant which manifestly proves that the Opposite Party is deficient and neglected to render the proper service towards the Complainant.

             Moreover, all the allegations made by the Complainant are unchallenged, though the Opposite Party got enough chance to contest the case and to refute it by appearing before the Forum but neglected to do so. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.

              So, the unanimous decision of the Forum is that the Opposite Party is still liable to refund the said ‘Security Deposit’ amount of Rs. 2,900/- only towards the Complainant along with 10% interest from the date of disconnection of the BSNL Broad Band connection till its realization within one month from the date of this ‘Order’ and the Complainant is also entitled to get the compensation for unnecessary harassment and mental agony due to deficient and/or negligent act by not refunding the ‘Security Deposit’ amount towards the Complainant.               

                        Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.

             In short, the Complainant deserves success.

             In the result, we proceed to pass 

                                                                                                    O R D E R 

              That the complaint be and the same is allowed ex-parte against both the Opposite Party No. 1 & 2 with cost of Rs. 1,000/- only payable by both the Opposite parties to the Complainant within one month from the date of this ‘Order’.

              That the Opposite Party is directed to refund the said ‘Security Deposit’ amount of Rs. 2,900/- only along with 10% interest from the date of disconnection i.e. from 23.04.2015 till its realization towards the Complainant within one month from the date of this ‘Order’.

              That the Opposite Party is directed to pay a sum of Rs. 2,000/- only to the Complainant, as compensation for mental agony and harassment within one month from the date of this ‘Order’. 

             In the event of non compliance of any portion of the order by the Opposite Party within a period of one month from the date of this order, the Opposite Party shall have to pay a sum of Rs. 100/- per day, from the date of this order till its realization, as punitive damages, which amount shall be deposited by the Opposite Party in the State Consumer Welfare Fund.

             Let copies of the order be supplied to the parties free of cost when applied for.                        

  Written & Typed by me. CHACDRIMA CHAKRABORTY. MEMBER.