State Consumer Disputes Redressal Commission
R K Kaul vs Wood Paper on 11 February, 1994
_, (DMRAL ORDER: (by S.A. Shah, President) BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION GUJARAT STATE : AI-IMEDABAD APPEAL NO. 213 OF 1992 (In orig. complaint no. 3lf9?.) DISTRICT «: VALSAD R.K. Kaul Appellant Telecorn District Manager Original Valsacl District, Elcta Apt. Opponent Tithal Road, Valsad 396 001 versus Wood Papers Limited Respondent At 8.: Post Antalia - Bilimora Original Dist. Valsad Complainant Justice S.A. Shah, President Miss. Leelaben Trivedi, Member
,r. Mr. Ketan Dave, advocate for the 'appellant Respondent : absent -
11.2.1994 Mr. Ketan Dave, the learned advocate appearing on behalf of the appellant-opponent states that amount of Rs.9047l- has been refunded to the subscriber vide cheque dated 9.2.93. ' However, he states that the Department had a right to adjust the telephone account of the complainant if the payment of other account is not made. He also states that the security deposit amount was adjusted against the outstanding bill and, therefore, as a matter of fact, the subscriber had not suffered any loss of interest. Mr. Dave further states that since the payment has been made by the Department he does not argue the matter on in View of Rule 443 the Telephone of the outstanding telephone bill from any of the amounts lying in any merits but he states that Department has enough power to recover the dues other account of the subscriber. The award of interest and cost therefore should be set aside. The respondent-complainant is not present. Since the payment has been made fully, he appflars to be not interested in fighting the appeal. We feel that though Department could have taken this plea and the complainant whuld :2: have been non-suited in view of the payment having been made the Department should not be made liable for the interest and cost. To that --extent the we shall have to allow the appeal. The letter produced by the Department may be taken on file. ORDER The appeal is partly allowed and the decision of the District Forum is modified to the extent that the complainant shall not be entitled. for interest and cost. In the circumstances there will be no order as to cost of this appeal. 'D (S . A . Shah') President /I/iE.»t ( Miss Leelaben Trivedi) Member _,..----pa--" '
1. To be shown to W3' 14 epmzers 7 «2_ 1 0 be referred 10 M3. Date of DCHVCWV 1 '