Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nutshell is that the complainant purchased three certificates being No.438001724817, 438001724818 and 438001724819 on 14.08.2018 for a sum of Rs.25,700/-, Rs.17,400/- and Rs.17,400/- respectively from the OP. The maturity date of all the certificates was on 14.08.2020 and the maturity amounts were Rs.32,238/-, Rs.21,827/- and Rs.21,827/- respectively. After the date of maturity, complainant went to the Office of the OP for collecting the maturity amount. But the OP did not pay anything to the complainant without any rhyme or reason. Having no other alternative the complainant filed the instant case on the reliefs sought for in the petition of complaint.
The OP despite receipt of the notice of this case did not turn up to contest the case by filing W/V and as such by Order No.4 dated 06.12.2022 the instant complaint case proceed ex-parte against the OP.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the case record along with copies of documents, it appears that the complainant purchased three certificates from the OP being certificate Nos. No.438001724817, 438001724818 and 438001724819 on 14.08.2018 for sum of Rs.25,700/-, Rs.17,400/- and Rs.17,400/- respectively. The maturity date of the certificates was 14.08.2020 and the maturity amount were Rs.32,238/-, Rs.21,827 and Rs.21,827/- respectively. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, first point is decided in favour of the complainant and against the OP.
Point No:2 :
The complainant on 14.08.2018 purchased three certificates being Nos. No.438001724817, 438001724818 and 438001724819 for a sum of Rs.25,700/-, Rs.17,400/- and Rs.17,400/- respectively from the OP. The maturity date of the said certificates was 14.08.2020 and the maturity amounts were Rs.32,238/-, Rs.21,827/- and Rs.21,827/- respectively. After maturity of the said three certificates, the complainant went to the office of the OP to collect the maturity amount, but the OP failed and neglected to pay the maturity amount without any rhyme or reason. Having no other alternative, the complainant filed the instant case seeking relief. As such, it appears that the assurance of the OP to give the maturity amount after the date of maturity on 14.08.2020 was not complied with. Therefore, it is crystal clear that the OP adopted unfair trade practice and there is deficiency in service on the part of the OP for which the complaint suffered mental pain and agony, harassment and huge financial loss.
As such, the second point is also decided in favour of the complainant and against the OP.
Point No.03 :-
The complainant filed three copies of the certificates from which it appears that certificates being Nos. No.438001724817, 438001724818 and 438001724819 have been purchased on 14.08.2018 from the OP amounting to Rs.25,700/-, Rs.17,400/- and Rs.17,400/- respectively. It is clear that the maturity date was on 14.08.2020 and the maturity amounts were Rs.32,238/- Rs.21,827/- and Rs.21,827/- respectively. After the date of maturity as the OP failed and neglected to pay the maturity amount to the complainant, the instant complaint case has been filed seeking relief. The complainant also visited the office of the OP to collect the maturity amount but the OP failed and neglected to pay the maturity amount to the complainant for the reason best known to the OP. Therefore, it is clear that the complainant is very much entitled to get the relief as prayed for in the petition of complaint. As the OP failed and neglected to pay the maturity amount to the complainant, the instant case has been filed on the reliefs sought for in the petition of complaint.
As such, the third point is also decided in favour of the complainant and against the OP.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant case be and the same is hereby allowed ex-parte against the OP with cost of Rs.10,000/- (Rupees ten thousand) only.
That the OP is liable and is directed to pay the maturity amount of Rs.75,892/- (Rs.32,238/-+Rs.21,827/-+Rs.21,827/-) with simple interest @ 10% p.a. w.e.f. 14.08.2020 (date of maturity) till the date of final realization of the same, within 45 days from the date of passing this order
That the O.P. is liable and is directed to pay compensation to the tune of Rs.20,000/- (Rs. Twenty thousand) only for deficiency in service, mental pain and agony and harassment suffered by the complainant within 45 days from the date of passing this order.
That the OP is liable and is directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand) only as aforesaid within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
