Sri Ashoke Kumar Pal, President

The matrix of the instant complainant case in a nut shell is that the complainant purchase a certificate being No:351004786269 on 07.04.2012 for a sum of Rs.8,000/- (Rupees Eight Thousand) only from the OPs.  The maturity date of the said certificate was on 07.04.2020 and the maturity amount of Rs.20,896/- (Rupees twenty thousand eight hundred and ninety six) only.  After the date of maturity the complainant went to the Office of the OP for the maturity amount but the OPs did not pay anything to the complainant without any rhyme or reason.  Having no other alternative, the complainant lodged a complainant before the Assistant Director, Consumer Affairs and Fair Business Practices, S-24 Pgs, Regional Office at Baruipur to solve the problem through mediation but ultimately no fruitful result was achieved and hence this case. 

The OPs despite receiving of the notice of this case did not turn up to contest this case by filing W/V and as such by order No.6 dated 27.07.2022 the instant complaint case proceeded ex-parte against both the OP Nos.1 & 2.

         Points for consideration :-

1. Is the complainant, a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

        Decision with reasons :-

Point No.1:- 

On perusal of the case record along with documents, it appears that the complainant purchased a certificate from the OPs being Certificate No:351004786269 on 07.04.2012 for a sum of Rs.8,000/- (Rupees eight thousand) only.  The maturity date of the certificate was 07.04.2020 and the maturity amount was Rs.20,896/- only.  Therefore, the complainant is a consumer as defined in Section 2(7) of the Protection Act, 2019.

As such, the 1^st point is decided in favour of the complainant and against the OPs.

Point No:2 : 

The complainant on 07.04.2012 purchased an application being No:351004786269 for a sum of Rs.8,000/- (Rupees Eight Thousand) only from the OPs.  The maturity date of the said certificate was 07.04.2022 and the maturity amount was Rs.20,896/- (Rupees Twenty thousand Eight Hundred and Ninety Six) only.  After maturity of the said certificate the complainant went to the Office of the OPs to collect the maturity amount, the OPs 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, S-24 Parganas, Regional Office at Baruipur.  But ultimately no fruitful result was achieved.  As such it appears that the assurances of the OPs to give the maturity amount after the date of maturity on 07.04.2020 was not complied with.  Therefore, it is crystal clear that the OPs adopted unfair trade practice and there is deficiency in service on the part of the OPs for which the complainant suffered mental main and agony, harassment and huge financial loss.   As such, the 2^nd point is also decided in favour of the complainant and against the OPs.

Point No.03 :-

The complainant filed a copy of the certificate from which it appears that the certificate being No:351004786269 has been purchased on 07.04.2012 from the OPs amounting to Rs.8,000/- (Rupees Eight Thousand) only.  It is clear that the maturity date 07.04.2020 and the maturity amount was Rs.20,896/- (Rupees Twenty Thousand Eight Hundred and Ninety Six) only.  After the date of maturity as the OPs failed and neglected to pay the maturity amount to the complainant, the 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 complainant also visited the Office of the OPs to collect the maturity amount but the OPs failed and neglected to pay the maturity amount to the complainant for the reason best known to the OPs.  Therefore, it is clear that the complainant is very much entitled to get relief as prayed for in the petition of complainant.  As the OPs 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 3^rd point is also decided in favour of the complainant and against the OPs.

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 OPs  1 & 2 with cost of Rs.10,000/- (Rupees ten thousand) only.

That the OPs 1 & 2 are jointly and severally liable and are directed to pay the maturity amount of Rs.20,896/- (Rupees twenty thousand eight hundred and ninety six) only with simple interest @ 10% p.a. w.e.f. 07.04.2020 (Date of Maturity) till the date of final realization of the same, within 45 days from the date of passing this order.

That the OPs 1 & 2 are jointly and severally liable and are 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 realization of the same.    

That the OPs 1 & 2 are jointly and severally liable and are directed to 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 OPs 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.in.

Dictated and corrected by me.  

           President