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2004 DIGILAW 65 (UTT)

B. S. N. L. v. Shreekant Goyal

2004-05-20

K.D.SHAHI, SURENDRA KUMAR

body2004
JUDGMENT 1. This is an appeal against the order dated 23.12.2003 passed by the District Forum, Hardwar whereby the appellant was directed to refund the deposit of the complainant after the deduction of Rs. 105/- (Rupees One Hundred Five), which was rent for the period. A cost of Rs. 750/- (Rupees Seven Hundred Fifty) and interest @ 12% payable from 15.12.2002 was also awarded. 2. We have heard the Learned Counsel for the appellant and gone through the records. The complainant had got his telephone in safe custody with the appellant from 1.12.2000 to 1.12.2001 and he got it permanently disconnected on 18.12.2001. He has deposited a sum of Rs. 1,200/- (Rupees One Thousand Two Hundredr He applied for refund. It was not allowed. Then he filed the complaint. 3. The opposite party has alleged that there were some dues an after deducting the dues, a cheque of Rs. 480/ - (Rupees Four Hundred Eighty) was sent, which was not accepted by the complainant. 4. The Learned Forum heard the patties and was of the opinion that there is no prove at all that Rs. 720/- (Rupees Seven Hundred Twenty) were due against the complainant. In the appeal, as well the appellant could not produce any paper. Thus the order that Rs. 1,200/- (Rupees One Thousand Two Hundred) were deposited by the complainant and the rent of Rs. 105/- (Rupees One Hundred Five) was to be deducted is perfectly justified. However in case like this, there is no question of payment of cost and interest. 5. We therefore modify the order under appeal to the extent that the appellant should pay Rs. 1,095/- (Rupees One Thousand Ninety Five) to the complainant within a month. Order of payment of cost of Rs. 750/- (Rupees Seven Hundred Fifty) and direction to pay interest is hereby quashed. If the amount is not paid within a month, the complainant sha1l get interest @ 12% from 23.12.2003, i.e. the date of judgment as given by the Learned Forum till the actual date of payment. 6. The appeal is disposed off accordingly.