DATE OF FILING                    :     26.09.2014.

DATE OF S/R                            :      23.12.2014.

DATE OF FINAL ORDER      :     01.07.2015.  

Sri Ranjit Kumar Polley,

son of late Baidyanath Polley,

village Ratanpota, P.O. Harishpur, P.S. Amta,

District Howrah.

PIN 711410. ………………………………………………………… COMPLAINANT.

• Versus -

   

  1. The General Manager,

     Calcutta SSA, W.B. Telecom Circle ( BSNL ),

     8, Red Cross Place,

     Kolakta 700001.

2. The District Engineer,( Telecom),

Howrah, Biplabi Rash Behari Basu Road,

Kolkata 700001.

3. The S.D.O.T.,

Bagnan Telephone Exchange,

B.S.N.L., W.B. Telecom, O.T. Road, Bagnan, 

Howrah – 711303.

4. The Accounts Officer,(T.R. Howrah ),

c/o. office of the  G.M. Cal SSA,

8, Red Cross Place,

Kolkata 700001. …………………………………………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,  L.l.b., ( Retired Railway Officer ).   

                                                 F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C. P. Act, 1986 filed by the petitioner, Ranjit Kumar Polley, against the General Manager, Calcutta SSA, W.B. TelecomCircule ( BSNL )& three others, praying for refund of deposited sum of Rs. 500/- as deposited by him on 15.02.2001 with interest and to pay compensation for a sum of Rs. 50,000/- for mental and physical harassment by sending fake telephone bill with ghost telephone no. 03214260459.

    

2. The case of the petitioner is that he applied for a landline phone before the o.p. no. 3 on 15.2.2001 and submitted demand draft amounting to Rs. 500/- but no such connection was given and  on 19.11.2007 the o.p. no. 3 wanted to provide him WLL Connection and he refused to accept the same. He requested the o.ps. to refund the money but in vain.  Since 2013, fictitious bill against ghost telephone no. 03214260459 was sent to him and thus he was harassed by such mal activities of  the o.ps. and so filed this case.

3. The o.ps. being General Manager, District Engineer ( Telecom), the S.D.O.T., Bagnan, and Accounts Officer ( T.R. Howrah ), though served with notice did not contest the case and thus the case is heard ex parte against the o.ps.

4.  The only point to be decided here is whether the petitioner is entitled to get  back his deposited amount with interest and  compensation as prayed for ?

DECISION  WITH   REASONS      :

5. This Forum heard the ld. counsel for the petitioner and scrutinized the case record as well as the documents and on consideration of the oral as well as documentary evidences this Forum finds that the petitioner filed one document showing that the o.ps. received   Rs. 500/- on 15.02.2001 and another document stating that the petitioner refused to accept any such telephone as on 19.11.2007 and another document showing that the petitioner  expressed his unwillingness to take the WLL Telephone. He  also filed telephone bill for the month of  Feb’13 issued in his name by the o.ps. asking to pay a sum of Rs. 190/- and another document being his complaint forwarded by A.O.T.R., Howrah, to the  A.G.M., Howrah  Telephone Exchange. The oral as well as documentary evidences proved the fact that the petitioner applied for a phone on 15.02.2001 and in spite of refusing to take any phone in 2007 he was issued telephone bill in 2013 proved the negligence and deficiency in service on the part of the o.p. authorities. All the above evidences went unchallenged and there is nothing to disbelieve the case of the petitioner who is entitled to get back his deposited sum of Rs. 500/- with 9% interest from 15.02.2001 till realization. He is also entitled to take compensation for a sum of Rs. 1,000/-.

           In view of the above, the claim case succeeds.

           Court fee paid is correct.      

      Hence,

                       O     R     D      E      R      E        D

      That the C. C. Case No. 533 of 2014 ( HDF 533  of 2014 )  be and the same is   allowed ex parte with costs.   

      The petitioner is entitled to relief against the o.ps. who are directed to refund the deposited sum of Rs. 500/- to the petitioner with 9% interest from the date of deposit i.e., 15.2.2001 till realization and token compensation for a sum of Rs. 1,000/- for the physical and mental harassment hurled on the petitioner and a sum of Rs. 1,000/- as costs of litigation within  30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.

        Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.