W.B.S.E.B. vs SANAT KR. DUTTA

VIDE order dated 7.6.2000 the Forum directed the present appellant to refund a sum of Rs. 80/- to the petitioner which was deposited by him at the time of installation of the meter for the first time. Besides, a sum of Rs. 3,000/- was awarded in favour of the petitioner towards compensation for causing mental agony and disgust.

THE petitioner deposited a sum of Rs. 80/- on account of security deposit for obtaining connection of supply to his residence. THE meter continued to function till August, 1997. THEreafter it went out of order and he requested the opposite party for replacement of the same. A fresh quotation for depositing a sum of Rs. 400/- was given for installation of a new meter which was done on 20.8.1997. THE petitioner requested the opposite party for refund of Rs. 80/- which was initially deposited at the time of installation of the first meter but it was not acceded to. THE case of the opposite party is that the aforesaid sum of Rs. 80/- was adjusted from the subsequent security deposit of Rs. 400/-. But there is no paper to show that in fact this amount was adjusted from the subsequent demand of Rs. 400/-. This fact was clearly noticed by the Forum and the Forum observed that it amounts to deficiency in service. Accordingly it directed refund of Rs. 80/- to the petitioner and awarded compensation of Rs. 3,000/-. THE learned Counsel for the appellant submits that the compensation amount of Rs. 300/- is excessive and he prays that this amount may be reduced. Having considered the submission of the learned Counsel for the parties we reduce the amount of compensation from Rs. 3,000/- to Rs. 1,000/- only. With this modification the impugned judgment is affirmed and the appellant is directed to comply with the order within the time months from the date of communication of this order. The appeal be disposed of in above terms. Appeal disposed of.