(1.) This appeal has been heard ex parte preferred by O. P.-appellant against the order dated 21.6.2003 passed in Complaint Case No.186/2002 by District Forum, Motihari whereby and whereunder directed the appellant (Telephone Department) to pay 12% interest on the deposited amount of the complainant for PCO and also allowed Rs.200/- as litigation cost.
(2.) The brief fact of the case is that complainant applied for telephone booth/pay phone STD on 29.6.2000 and deposited Rs.5,000/- as security money. The Telephone Department issued demand note but connection was not provided in spite of several reminders. Thereafter, the complaint case was filed with a claim of Rs.25,000/- as compensation.
(3.) The Telephone Department appeared. Its main contention was that complainant was not consumer. He has only applied for a PCO and he was not utilizing any service of the Telephone Department besides PCO works as an agent of the Telephone Department. The Telephone Department has already communicated him that department is ready to return the money with Bank interest as admissible. The PCO booth was not provided to the complainant as the cable pair was not available in that area during that period. The department was ready to provide him WLL telephone but he was not ready for the same.