DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
C.D.F. 01 OF 2009
Mr.Srikanta Kumar
Village Naity (North)
P.O. Naity,
Dist. Hooghly. …. Petitioner
-vs-
The Secretary,
Grameen Sanchar Society,
336, SDF Building, 2nd floor,
Block GP, Sec V, Kolkata-61 … Opp.Party
Present : S .Basu … Member
R.Roychowdhury Malakar …. Member
ORDER NO. 10 DATED 30.06.09.
The petitioner has filed the instant case u/s 12 of the Consumer Protection Act,1986 against the opposite party, the Secretary, Grameen Sanchar Society.
Case of the petitioner
The petitioner Srikanta Kumar took a telephone connection being no.9114288491 from the office of Op, Grameen Sanchar Society on payment of Rs.16,000/- through Bank Draft dated 24.2.2002. Then on 25.3.03 Op delivered a CDMA WLL FWT set (Model LSP 340) and 12 dBi CDMA Patch Panel antenna with RG-58 cable 6 mt long with both end connected. But after installation service connection was not given to the said telephone even after several requests by the petitioner, so the petitioner was compelled to surrender the telephone set to the Opposite party vide his letter dated 21.6.03 and demanded rs.16,000/- along with interest from the Op.The Op received the telephone set including Patch Panel Antenna & Antenna wire but failed to return the deposit money to the petitioner. The petitioner visited the OPs office several times but every time the latter deferred on this or that pretexts and the petitioner returned back with empty hand. Lastly, the petitioner requested the Op in writing for return of his deposited amount along with interest which was duly received by the opposite party but this time also he turned a deaf ear to the petitioner’s request. The petitioner finding no other alternative have filed the instant case and have prayed for the following :-
i) An order directing the OP Grameen Sanchar Society to refund the total consideration money of Rs.16,500/- only with up-to-date interest@18% w.e.f. date of deposit.
ii) Rs.40,000/- towards compensation for willful negligent acts, deficiency in service and unfair trade practice.
iii) Rs.10,000/- towards litigation cost.
FINDING OF THE FORUM :
(I) Whether the petitioner is a consumer under the Opposite party ?
(ii) Whether the opposite party suffers from deficiency in service ?
(iii) Whether the petitioner is entitled to relief as prayed for ?
DECISION WITH REASONS:
Point No.(i)
The petitioner is a consumer under the opposite party because he has taken the
telephone connection under Grameen Jana Telephone scheme of Grameen Sanchar Society, Kolkata against payment of Rs.16,000/- through Bank draft which was duly received by the Opposite party.
Point no. (ii)
The Opposite party suffers from deficiency in service. The Op received the telephone set and also issued receipts but did not take any action but just sat idle on the matter. The Opposite party did not bother to give a single reply to the various correspondences made by the petitioner and even by his lawyer Sri Surajit Gangopadhyay. The petitioner has got enough proof to show that the letters were all received by the OP. Due to the willful negligence on the part of the Opposite party the complainant has incurred huge financial loss and also unnecessary harassment for no fault of his own.
Point no.(iii)
The petitioner is entitled to get compensation from the opposite party. The notice of the Ld. Forum was duly received by the opposite party on 5.2.09 but inspire of that they did not appear and so the case has run exparte against the opposite party i.e. Grameen Sanchar Society.
Hence it is ordered
That the instant complaint petition u/s 12 of C.P.Act is allowed exparte against Op with cost. The OP i.e Grameen Sanchar Society is directed to refund the amount of Rs.16,500/- which was taken for the telephone connection along with interest of 9% on Rs.16,500/- from 25.3.03 till date of payment within one month from the receipt of the order. In default, an additional interest of 2% i.e. 11% will be levied on Rs.16,500/-from 25.3.03 till date of full recovery. In addition to this the OP is to pay an amount of Rs.15,000/- towards compensation and litigation cost within one month from the date of receipt of this order. Again in default, the OP has to pay an interest of 11% on the compensation and litigation cost of Rs.15,000/- from the date of receipt of order till full realisation. Let a copy of the order be given to the complainant free of cost and a copy of the same be sent to OP at the expense of this Forum under the office memo by Regd. with A/d. In addition the complainant will serve a copy of this order upon OP.