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Judgment
-THERE is no need to issue notice to the respondent as the impugned order has been assailed on the factual matrix.
THE instant complaint seeking restoration of the connection and compensation for disconnecting telephone connection was dismissed vide impugned order dated 16. 7. 2008, with the observation that it is not expected that the service provider will continue to provide service even when the appellant herself has not fulfilled her duty to pay the charges for the services already availed. , and therefore, the respondent was not deficient in service. However, at the same time, the District Forum observed that opportunity was given to AR of the appellant to show if any security deposit was made with the respondent but security deposit receipt could not be produced on behalf of the appellant. It is common knowledge that such a connection is always provided subject to deposit of security amount. Admittedly mobile connection of the appellant was disconnected by the respondent for non-payment of the bill for the month of July, 2006 for Rs. 504, in spite of there being an amount of Rs. 1,800 lying with the respondent by way of deposit. Feeling aggrieved the appellant has preferred this appeal.
In the instant case, the appellant has produced the application form vide which the telephone connection was given and a sum of Rs. 1,800 was received by way of security deposit. It appears that this document has escaped the attention of the District Forum and therefore the grievance of the appellant was not redressed in the proper perspective.
IN the result, the appeal is allowed, the impugned order is set aside and the matter is sent back to the District Forum for deciding it afresh in the light of the security deposit made by the appellant at the time of getting the mobile connection. The appellant shall appear before the District Forum on 20. 10. 2008 for the above purpose.
PARTIES shall appear before the District Forum on 30. 9. 2008 for the above purpose. Fdr if any, deposited by the appellant, be returned to the appellant forthwith under proper receipt. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room. Appeal allowed.