निशाणी क्रमांक 1 वरील आदेश

            Heard Arguments of Ld. Adv. for Complainant and Opposite Party.  Consumer dispute is regarding refund of security deposit amount.  It is the case of complainant that in 2010, she had requested the opposite party to disconnect the electric meter and refund the security deposit amount.  Accordingly, the meter was transferred from complainants name to one Utpal Neelkamal Sharma on or about 09 Jun, 2011 Doc. No. 8 at pg. No. 16 and an amount of Rs.3,090/- has been deposited by new consumer.   The Opposite Party is duty bound to refund the security deposit and they are admitting this in the written version Para No. 3 as mentioned ‘O.P. was and is ready to refund the security deposit amount immediately after receipt of original receipt of security deposit’.

            There is no document which shows that prior to filing of consumer complaint O. P. has demanded to deposit original security deposit receipt.  Hence till the amount has withheld the cause of action is continuous and has utilised till date.  Hence in the interest of justice it would be just and proper to allow the complaint with some cost and compensation.  Therefore following order:-

-:  Order :-

            1.         Complaint allowed partly.

            2.         The Opposite Party is directed to refund the security amount of Rs. 2,500/- along with interest of 10% p.a. from the            date meter is transferred to new consumer i.e. 09/06/2011 till the amount is paid.

            3.         Complainant is directed to deposit original receipt to O. P. office within 15 days of this order.

            4.         The Opposite Party further directed to pay Rs. 5,000/- as legal cost to the complainant.

            5.         Certified free copy be supplied to the parties.

            6.         Additional sets of complaint be taken back by the complainant within 30 days and file be consigned to record room.