C.C. 18 of 2008.
Order No.11, date : 08.09.2009.
Complainant files hajira.
The present case was filed by one Gopal Gorai, a resident of village Bhutsahar, P.S. Simlapal in the District of Bankura against the O.Ps. Grameen Sanchar Society with an allegation of deficiency in service.
Case of the Petitioner / Complainant, in brief, is that he was nominated as a beneficiary under Grameen Jana Telephone under self-employment scheme of Grameen Sanchar Society (O.Ps.). To get the benefit of self-employment the Complainant, on 26.10.2005, deposited a sum of Rs.500/- only in favour of the O.P. no.2. Being unemployed the Complainant decided to open one Telephone Booth in his locality and for that he applied for telephone connection before the O.P. no.1 through O.P. no.2. O.P. no.1 issued one beneficiary code bearing no. C04573/Tel. On 15.02.2006 one agreement was executed between the parties “forming part of the application for installation, maintenance and operation of STD/ISD/PCO Pay Phone”. On the very same date a sum of Rs.22,200/- only was deposited to the O.P. no.1 in the shape of a demand draft on Alahabad Bank, Bankura Branch for the purpose of new telephone connection. But in reality no such connection was given to the Complainant by the O.Ps.. On 05.12.2007 the Complainant, by a letter, asked for refund of money deposited by him. O.Ps. prepared a list for refund of money to different applicants, but money was not refunded as yet. Complainant constructed one booth, spending Rs.15,000/- (fifteen thousand) only from his own fund.
Contd…….
C.C. 18 of 2008.
Order No.11, date : 08.09.2009.
A Lawyer’s notice was sent to the O.P. no.1 on 02.05.2008 but in vain. Hence this case praying for relief.
O.Ps. failed to enter appearance in this case despite service of summons for which the case was ordered to be heard and decided exparte.
The Complainant was heard by us. Case of the
Complainant goes unchallenged and there is nothing to disbelieve the unchallenged testimonies produced by the Complainant in support of his case. As the O.Ps. chose not to appear and contest the case, it can very well be presumed that in fact they have got no explanation to offer. One document, as we find, clearly indicates that O.Ps. prepared a list of few applicants to whom they proposed to refund money and the name of the present Complainant was included therein. It virtually supports the case of the Complainant. We understand that deficiency in service exists in this case.
Case of the Complainant stands established and proved for which he is entitled to get relief. Let it be noted that not even a single document was produced by the Complainant to show that he actually constructed a booth incurring an expenditure to the tune of Rs.15,000/- (fifteen thousand) only. As such, we are unable to grant any relief towards it.
Court Fee paid by the Complainant is found to be correct. Accordingly, it is
Contd…….
C.C. 18 of 2008.
Order No.11, date : 08.09.2009.
Ordered
that the present case is allowed exparte as against both the O.Ps.. Complainant is entitled to get Rs.22,200/- (twenty two thousand and two hundred) only together with interest thereupon @ 6% p.a. from the date of filing this case till the date of payment of money.
Cost of litigation is assessed at Rs.1000/- (one thousand) only. No other relief is granted.
O.Ps. to make payment of the aforesaid amount of money to the Complainant within sixty days from the date of this order failing which the Complainant shall be at liberty to recover the awarded amount of money from the O.Ps. in accordance with law.a