A.K.ANNAMALAI, J. - (1.) The opposite parties are the appellants.
(2.) Complainant having land line telephone connection issued a cheque for Rs.1,087/- towards phone bill dated 7.8.05 four days before the due date through the Post Office, Mogapair and the another telephone bill was made in October 2005. His phone service was cut on 9.12.05 at about 5 O?clock the BSNL office and when complainant went to the office to give a complaint nobody was there and at about 8 pm through the recorded voice he was directed to meet the accounts officer and on 12.12.05 when the accounts officer was met he was informed that the cheque amount dated on 7.8.05 was not collected and hence telephone connection was disconnected. On the advise of Accounts Officer after obtaining the duplicate bill he has paid the amount by payment of cash and the telephone connection was restored on 12.12.05 and subsequently he went to the telephone office on 16.12.05 to collect the cheque back. He came to know that cheque was returned for non collection since the cheque was without signature and the opposite parties could have issued notice for the same without disconnecting the connection after 5 months from the date of issue of cheque and thereby there was deficiency of service on the part of the opposite parties claiming Rs.10,000/- as damages and for costs, for the deficiency of service and mental agony.
(3.) The opposite parties denied the allegations of the complainant and contended the cheque dated 24.8.05 through the Post Office, Ambathur issued by the complainant was not signed by the complainant which was returned with endorsement of drawer?s signature required on 9.11.05. The Post Master informed the status of the cheques and the complainant paid the subsequent bill dated 7.10.05 for a sum of Rs.1,337/- by way of cheque. Hence for the non payment of earlier cheque the disconnection was made on 12.12.05 and subsequently restored after two days being intervening holidays on payment of cash for the bills due an thereby there is no deficiency of service or negligence on the part of the opposite parties.;