The fact of the case of the complainant, in short, is that the complainant is a senior citizen and an Ex- serviceman and on being attracted of the lucrative advertisement of the O.Ps he made contract with one J. Ghosh, W/O- Sri. Samir Ghosh of Lichutala, Alipurduar Junction who is an agent of the O.Ps and the complainant invested money under MIS scheme with the O.Ps. Accordingly the Branch Manager i.e. O.P No. 3 issued Policy certificates being Policy No. TA0048416 dated 30/06/2013, Consumer ID No. TYY0048416 amounting to Rs. 5, 00,000/- and another Policy No. TA02777454 dated 30/06/2013, Consumer ID No. TYY0048417 amounting to Rs. 6, 00,000/-.
The further case of the complainant is that the O.Ps assured the complainant to pay monthly interest against these policies and the O.Ps paid the accrued interest upto January, 2016 and thereafter stopped the payment of interest again the Policy amount. Thereafter the complainant contacted with the O.P No. 3 on several occasions but the O.Ps did not pay any heed. The complainant again requested the O.Ps to pay the due interest from February, 2016 again the Policies and along with the principal amount of the Policies lying with the O.Ps. Thereafter the complainant sent legal notice to the O.Ps on 11/07/2016 but no fruitful result from the side of the O.Ps. Failing no other alternative the complainant has filed this instant case against the O.Ps praying for claim as follows.
The complainant has prayed for passing an order to direct the O.Ps to pay Rs. 11, 00,000/- as matured amount of the above Polices including interest.
The complainant has also prayed for passing an order to direct the O.Ps 40,000/- for his mental agony and sufferings and also prayed for passing an order to direct the O.Ps to pay Rs. 10,000/- towards costs of the litigation.
After admission of the instant case the notices were sent to the O.Ps but notice upon the O.P Nos. 1 & 2 were not served as per the report of the Postal Department. The O.P No. 3 though received the notice of this Forum but later on he did not contest the case and ultimately the case has been proceeded ex-parte against him.
Thereafter, as per prayer of the Ld. Agent of the complainant as per provision laid down Under Section-27 of the General Clauses Act, the notices sent upon the O.Ps were treated as served upon them and the case is accordingly proceeded ex-parte against the O.P Nos. 1 & 2.
The complainant has filed evidence on affidavit as well as written argument in support of his case. The complainant has also filed some Xerox copy of documents at the time of filing of complaint and also filed two original documents at the time of hearing of argument.
We have heard argument from the side of the complainant and also perused the other materials on record very carefully.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
The complainant is a resident of Village- Lichutala, Alipurduar Junction P.O., P.S. & Dist. Alipurduar and the O.P No. 3 / Branch Manager Alchemist Township India Ltd., Alipurduar Branch within the district of Alipurduar. The complainant invested money under MIS scheme with the O.P No. 3 and O.P No. 3 issued Policy certificates being No. TA0048416 dated 30/06/2013 and Policy No. TA02777454. Naturally, the complainant is a bona fide consumer of the O.Ps. Thus the complainant is a consumer as per provision of Sec. 2(1)(d)(ii) on the Consumer Protection Act, 1986.
It is evident from the record that residential address of the complainant is at Lichutala, Alipurduar and the office of the O.P No. 3 is also situated at Lichutala, Alipurduar within the territorial jurisdiction of this Forum. The claim amount is also less than the pecuniary limit of this Forum. So, we find and hold that this Forum has ample jurisdiction to entertain the instant case.
On perusal of the aforesaid original certificates along with the receipts of payment dated 09/06/2014 it is revealed that Rs. 6, 00,000/- has been received by the O.P side from the complainant vide Policy No. TA02777455 and Rs. 5,00,000/- has been received by the O.Ps from the complainant vide Policy No. TA02777454. Both the Policy certificates have been issued in the name of the complainant Pashupati Karmakar on the same day i.e. on 30/06/2014, the ceasation dates are mentioned in the aforesaid two Policies as on 09/06/2017. Despite the ceasation date (maturity dates) the O.P side did not pay the deposited amount together the assured sum (as compensation) of the complainant despite the claim of the complainant in time. As such there is deficiency in service on part of the O.Ps. Under this circumstances the complainant has been able to prove this case ex-parte against the O.Ps. by producing the aforesaid documents. Considering the facts and circumstances we are of the opinion that it should be justified to allow the prayer of the complainant as he prayed for.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte with costs against the O.Ps.
The complainant do get a decree amounting to Rs. 11,00,000/- against the O.Ps. The complainant do get a further decree amounting to Rs. 40,000/- against the O.Ps for his mental agony and sufferings and he also do get a further decree amounting to Rs. 10,000/- against the O.Ps as litigation costs.
The O.Ps are direct to pay the decreetal amount Rs. 11,50,000/- (Rs. 11,00,000/- + 40,000/- + 10,000/-) to the petitioner within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case for realization of the decreetal amount by execution the complainant will be entitled to 7% interest per annum on the decreetal amount from the date of filing of this case from 23/09/2016 till realization of the entire decreetal dues and the O.Ps have to pay fine of Rs. 100/- per day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar till liquidation of the entire decreetal dues.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me-
