Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that the complainant purchased a certificate being No. 80835758012 on 30.09.2019 for a sum of Rs. 74,000/- (Rupees seventy four thousand only) for the period of 12 months from the O.Ps. The maturity date of the certificate was on 30.09.2020 and the maturity amount was Rs. 80,290/-(Rupees eighty thousand two hundred and ninety only). After the date of maturity the complainant went to the office of the O.Ps. for the maturity amount but the O.Ps. did not pay anything to the complainant without any rhyme or reason. Finding 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 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 22.07.2022 the instant complaint case proceeded ex-parte against both the O.P. Nos. 1 and 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?
DECISIONS WITH REASONS:
Point No. 1:
On perusal of the case record along with the documents, it appears that the complainant purchased a certificate from the O.Ps. on 30.09.2019 being certificate No. 80835758012 amounting to Rs. 74,000/-(Rupees seventy four thousand only). The date of maturity of the said certificate was on 30.09.2020 and the maturity amount was Rs. 80,290/-(Rupees eighty thousand two hundred and ninety only). Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, the first point is decided in favour of the complainant and against the O.Ps.
Point No. 2:
The complainant on 30.09.2019 purchased a certificate being No. 80835758012 for Rs. 74,000/-(Rupees seventy four thousand only) and the date of maturity of the said certificate was 30.09.2020 and the maturity amount was Rs. 80,290/-(Rupees eighty thousand two hundred and ninety only). After maturity of the said certificate when the complainant went to the office of the O.Ps. to collect the maturity amount, the O.Ps. failed and neglected to pay the maturity amount without any rhyme or reason. Finding 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 amount on the scheduled date was 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 second point is also decided in favour of the complainant and against the O.Ps.
Point No. 3:
The complainant filed a copy of the certificate dated 30.09.2019 from which it appears that the certificate being No. 80835758012 has been purchased on 30.09.2019 from the O.Ps. amounting to Rs. 74,000/-(Rupees seventy four thousand only). It is also clear therefrom that the maturity date was 30.09.2020 and the maturity amount was Rs. 80,290/-(Rupees eighty thousand two hundred and ninety only). After the date of maturity as the O.Ps. failed and neglected to pay the maturity amount to the complainant, a complaint was lodged before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur. But ultimately no fruitful result was achieved. The O.Ps. failed and neglected to pay the maturity amount to the complainant. The complainant also visited the office of the O.Ps. to collect the maturity amount but the O.Ps. failed and neglected to pay the maturity amount 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 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 relief sought for in the petition of complaint.
As such, the third point 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 allowed ex-parte against the O.P. Nos. 1 and 2 with cost of Rs. 20,000/-( Rupees twenty thousand only).
The O.Ps. are jointly and severally liable and directed to pay the maturity amount of Rs. 80,290/-(Rupees eighty thousand two hundred and ninety only) with simple interest @ 10% p.a. w.e.f. 30.09.2020 (date of maturity) till the date of final realization of the same within 45 days from the date of passing this Order.
The O.Ps. are jointly and severally liable and also directed to pay 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 45 days from the date of this Order till the date of final realisation of the same.
The O.Ps. are jointly and severally liable and also directed to pay the litigation cost of Rs. 20,000/-(Rupees twenty thousand only) as aforesaid within 45 days from the date of passing this Order.
The complainant is at liberty to put the order in 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 sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
