Date of filing: 09/03/2021
Date of Judgment: 31/07/2023
Mrs. Sashi Kala Basu, Hon’ble President.
This complaint is filed by Sri Swapan Ghosh Dostidar under section 35 of the Consumer Protection Act, 2019 against the opposite party (referred as OP hereinafter) namely Divisional Engineer, Behala Telephone Exchange alleging deficiency in rendering of service on the part of the OP.
Case of the complainant in short is that he had surrendered land line phone no. 033-24458554 of BSNL, Behala, Kolkata on 11/10/2019 and had deposited the telephone set etc. at Behala Exchange as per the guideline of the BSNL on 23/10/2019. So complainant sent a request letter dated 25/11/2019 for refund of security deposit with supporting documents. But the said letter was neither replied nor the security deposit was refunded. Complainant had also sent a letter to the Divisional Engineer, BSNL for refund of security deposit but all in vain. So the present complaint has been filed praying for directing OP to refund Rs. 3,000/- taken as security deposit against land line phone and to refund Rs. 500/- taken as security against modem i.e. total Rs. 3,500/-, to pay interest for delay in payment and compensation of Rs. 1,00,000/-.
OP has contested the case by filing the written version contending specifically that Department has already refunded the security deposit to the subscriber on 19/04/2021. The complainant was specifically informed in reply to his letter that refund will be given according to available of the fund from the corporate office. So the OP has prayed for dismissal of the complaint.
During the course of trial both parties filed their respective examination in chief on affidavit followed by filing of questionnaire and reply thereto and ultimately both parties have filed brief notes of argument.
So the following points require to be determined:-
- Whether there has been deficiency in service on the part of the OP?
- Whether the complainant is entitled to the relief as prayed for?
DECISION WITH REASONS
Both the points being correlated are taken up together for discussion in order to avoid repetition. On perusal of the record specially the written version filed by the OP, it appears that there is no dispute that the land line phone no. 033-24458554 of BSNL, Behala Kolkata was surrendered by the complainant and he has requested for refund of the security deposit. It is also evident that till filing of this case, the OP had not refunded the security deposit of Rs. 3,500/- in total to the complainant. It is stated by the OP in the written version that they have already refunded the security deposit to the complainant on 19/04/2021 but has not stated the exact amount which was refunded. However, in reply to the questionnaire put by the OP, complainant has specifically stated being reply to the question no. 10 that he was refunded only Rs. 3,352/- on 19/04/2021 out of Rs. 3,500/-. It is also stated therein that OP did not inform as to why Rs. 148/- was deducted from the said security deposit.
On a careful scrutiny of the written version filed by the OP, it appears even in the written version OP has not stated anywhere as to why the amount of Rs. 148/- was deducted from the security deposit of total Rs. 3,500/-. So unless OP explains towards what the deduction of Rs. 148/- was made, the complainant is entitled to the refund of balance sum of Rs. 148/-. Since it is also evident that the request letter was submitted by the complainant on 26/11/2019 but the refund was made by OP on 19/04/2021 which is nearly one and half years on submission of the request letter of refund, and also only after this complaint was filed on 19.03.2021, complainant is also entitled for the compensation. In our view Rs. 5,000/- as compensation will be justified.
Hence
ORDERED
CC/138/2021 is allowed on contest. OP is directed to refund Rs. 148/- and further pay compensation of Rs. 5,000/- to the complainant, within 45 days from date of passing of this order. In default of payment, the entire sum shall carry interest @ 6% p.a. till realisation.
