Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that the complainant purchased 4(four) certificates depositing Rs. 12,000/-, Rs. 8,400/-, Rs. 9,800/- and Rs. 6,300/- respectively totaling to an amount of Rs. 36,500/-(Rupees thirty six thousand five hundred) only from the O.P. As the complainant observed that the O.P. is not maintaining their office properly, he wanted to withdraw all his deposited amount totaling to Rs. 36,500/-(Rupees thirty six thousand five hundred) only for which he went to the office of the O.P. for withdrawal of the same. The O.P. although gave assurance to the complainant but ultimately, 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 to solve the problem through mediation. But ultimately no fruitful result was achieved and hence, this case.
The O.P. contested the case by filing W.V. contending inter-alia that the claims of the complainant are all false. The specific case of the O.P. that the complainant is not at all a consumer within the meaning of Consumer Protection Act, 2019. The complainant is evidently a member of SAHARA CREDIT COAPERATIVE SOCIETY and the complainant invested money for his own interest at his own way. The allegations made in the petition of complaint are all false and fabricated. The O.P. also denied the other material averments of the petition of complaint para wise and prayed for dismissal of the complaint case with cost.
POINTS FOR CONSIDERATION:
- Is the complainant a consumer?
- Is the O.P. 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 4(four) certificates(Annexure – A) from the O.P. and paid Rs. 12,000/-, Rs. 8,400/-, Rs. 9,800/- and Rs. 6,300/- respectively totalling to an amount of Rs. 36,500/-(Rupees thirty six thousand five hundred) only. 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.P.
Point No. 2:
The complainant purchased 4(four) certificates (Annexure – A) from the O.P. and paid Rs. 12,000/-, Rs. 8,400/-, Rs. 9,800/- and Rs. 6,300/- respectively totalling to an amount of Rs. 36,500/-(Rupees thirty six thousand five hundred) only. As the O.P. is not maintaining their office properly, the complainant intended premature encashment for the certificates for which he visited the office of the O.P. The O.P. although gave assurance to the complainant but ultimately, did not pay anything to the complainant against the certificates. 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 to solve problem through mediation. But ultimately no fruitful result was achieved. Therefore, it is crystal clear that the O.P. adopted unfair trade practice and there is deficiency in service on the part of the O.P. for which the complainant suffered mental agony, harassment and huge financial loss.
As such, Point No. 2 is also decided in favour of the complainant and against the O.P.
Point No. 3:
The complainant filed copies of the certificates (Annexure – A) from which it appears that he purchased 4(four) certificates and paid Rs. 12,000/-, Rs. 8,400/-, Rs. 9,800/- and Rs. 6,300/- respectively totalling to an amount of Rs. 36,500/-(Rupees thirty six thousand five hundred) only. 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 to solve the problem through mediation. But ultimately no fruitful result was achieved. The complainant also visited the office of the O.P. for premature encashment of the certificates. But the O.P. failed and neglected to pay the amount to the complainant for the reason best known to the O.P. 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.P. failed and neglected to pay the premature encashment 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.P.
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 on contest against the O.P. with cost of Rs. 10,000/- (Rupees ten thousand) only.
The O.P. is liable and is directed to pay the premature encashment amount of Rs. 36,500/-(Rupees thirty six thousand five hundred) only with simple interest @ 10% p.a. in the form of compensation w.e.f. the respective dates of purchasing the certificates till the date of final realization of the same within 45 days from the date of passing this Order.
The O.P. is liable and is 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 in execution after the expiry of 45 days in case the orders are not complied with by the O.P. 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
