Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nut shell is that the complainant purchased two certificates being No. 1) 351004916238 on 13.08.2012 for Rs. 15,000/-(Rupees fifteen thousand only) and 2) 787002869878 on 06.06.2018 for Rs.25,378/- (Rupees Twenty five thousand three hundred seventy eight only) from O.Ps. The maturity dates of the two certificates were on 13.08.2020 and 06.12.2019 respectively and the maturity amounts were Rs.39,180/- (Rupees thirty nine thousand one hundred eighty only) and Rs. 29,718/- (Rupees twenty nine thousand seven hundred eighteen only) respectively. After the date of maturity, the complainant went to the Office of the O.Ps. for the maturity amounts but the O.Ps. did not pay anything to the complainant without any rhyme or reason. The complainant lodged a complaint before the Assistant Director of Consumer Affairs and Fair Business Practices, South 24-Parganas, Regional Office at Baruipur to solve the problem through mediation. But no fruitful result was achieved ultimately and hence, this case.
The O.Ps. despite receipt of the notice of the case did not turn up to contest the case by filing W/V and as such by Order No. 6 dated 18.07.2022 the instant complaint case proceeded ex-parte against both the O.P. Nos.1 & 2.
Points for Consideration:-
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No. 1 :-
On perusal of the case record along with documents, it appears that the complainant purchased two certificates from the O.Ps. certificates being No. 1) 351004916238 on 13.08.2012 for Rs. 15,000/-(Rupees fifteen thousand only) and 2) 787002869878 on 06.06.2018 for Rs.25,378/- (Rupees Twenty five thousand three hundred seventy eight only). The date of maturity of the said certificates were on 13.08.2020 and 06.12.2019 respectively and the maturity amounts were Rs.39,180/- (Rupees thirty nine thousand one hundred eighty only) and Rs. 29,718/- (Rupees twenty nine thousand seven hundred eighteen only) respectively. Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the O.Ps.
Point No. 2 :-
The complainant purchased two certificates being No. 1) 351004916238 on 13.08.2012 for Rs. 15,000/-(Rupees fifteen thousand only) and 2) 787002869878 on 06.06.2018 for Rs.25,378/- (Rupees Twenty five thousand three hundred seventy eight only) from O.Ps. The maturity dates of the two certificates were on 13.08.2020 and 06.12.2019 respectively and the maturity amounts were Rs.39,180/- (Rupees thirty nine thousand one hundred eighty only) and Rs. 29,718/- (Rupees twenty nine thousand seven hundred eighteen only) respectively. After maturity of the said two certificates when the complainant went to the Office of the O.Ps. to collect the maturity amounts, the O.Ps. failed and neglected to pay the maturity amount without any rhyme and reason. Having no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur. But ultimately no fruitful result was achieved. As such, it appears that the assurance of the O.Ps. to give the maturity amounts on the schedule dates were not complied with. Therefore, it is crystal clear that the O.Ps. adopted unfair trade practice and there is deficiency in service on the part of the O.Ps. for which the complainant suffered mental agony and huge financial loss.
As such, the Point No. 2 is also decided in favour of the complainant and against the O.Ps.
Point No.3 :-
The complainant filed the copies of certificates from which it appears that certificates being No. 1) 351004916238 on 13.08.2012 for Rs. 15,000/-(Rupees fifteen thousand only) and 2) 787002869878 on 06.06.2018 for Rs.25,378/- (Rupees Twenty five thousand three hundred seventy eight only) are purchased from the O.Ps. The maturity dates of the two certificates were on 13.08.2020 and 06.12.2019 respectively and the maturity amounts were Rs.39,180/- (Rupees thirty nine thousand one hundred eighty only) and Rs. 29,718/- (Rupees twenty nine thousand seven hundred eighteen only) respectively. After the date of maturity, the O.Ps. failed and neglected to pay the maturity amount to the complainant. A complaint was lodged before the Assistant Director of Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur. But no fruitful result was achieved ultimately. The complainant also visited the office of the O.Ps. to collect the maturity amounts. But the O.Ps. failed and neglected to pay maturity amounts to the complainant for the reason best known to the O.Ps. Therefore, it is clear that the complainant is very much entitled to get the reliefs as prayed for in the petition of complaint. As the O.Ps. 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, Point No. 3 is also decided in favour of the complainant and against the O.Ps.
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 O.Ps with cost of Rs.10,000/- (Rupees ten thousand only).
The O.P. Nos. 1 and 2 both are jointly and severally liable and directed to pay the maturity amount of Rs.39,180/- (Rupees thirty nine thousand one hundred eighty only) and Rs. 29,718/- (Rupees twenty nine thousand seven hundred eighteen only) with simple interest @10% p.a. w.e.f. 13.08.2020 and 06.12.2019 (date of maturity) respectively till the date of final realization of the same within 45 days from the date of passing this order.
The O.P. Nos. 1 and 2 both are jointly and severally liable and also directed to pay the compensation to the tune of Rs.20,000/- (Rupees 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, i.d. it will carry simple interest @10% p.a. after the expiry of 45 days from the date of passing this order till the date of final realization of the same.
The O.P. Nos. 1 and 2 both are jointly and severally liable and also 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.
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 O.Ps. within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in.
Dictated and corrected by me.
President
