Sri Ashoke Kumar Pal, President

The matrix of the instant complaint case in a nutshell is that the complainant purchased two certificates being No:893000980132 and certificate No:893000980323 on 31.10.2013 and 07.12.2013 respectively for a sum of Rs.3,000/- each only from the OP.  The maturity date of the said certificates were on 31.10.2019 and 07.12.2019 and the maturity amounts were of Rs.11,910/- each.  After the date of maturity the complainant went to the Office of the OP for the maturity amount but the OP did not pay anything to the complainant without any rhyme or 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  to solve the problem through mediation.  But ultimately no fruitful result was achieved and hence this case. 

The OP appears in this case but ultimately did not turn up to contest the case by filing W/V and as such by order No.6 Dated 22.03.2023, the instant complaint case proceeded ex-parte as against the OP.  

                                            Points for consideration :-

1. Is the complainant, a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get the 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 OP being certificate No:893000980132 and certificate No:893000980323 on 31.10.2013 and 07.12.2013 respectively for a sum of Rs.3,000/- each.  The maturity date of the certificates were 31.10.2019 and 07.12.2019 respectively and the maturity amount was Rs.11,910/- each.  Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019. 

As such, the first point is decided in favour of the complainant and against the OP.

Point No:2 : 

The complainant purchased two certificates being No:893000980132 and certificate No:893000980323 on 31.10.2013 and 07.12.2013 respectively for a sum of Rs.3,000/- each from the OP.  The maturity date of the said certificates were 31.10.2019 and 07.12.2019 and he maturity amounts were Rs.11,910/- each.  After maturity of the said certificates the complaint 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 lodged the 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 OP to give the maturity amount after the date of maturity 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 complainant 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 files copies of the certificates from which it appears that the certificate being No:893000980132 and certificate No:893000980323 have been purchased on 31.10.2013 and 07.12.2013 respectively amounting to Rs.3,000/- each.  It is clear that the maturity dates were 31.10.2019 and 07.12.2019 and maturity amounts were Rs.11,910/- each.  After the date of maturity,  as the OP 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 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 complainant. 

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.5,000/- (Rupees five  thousand) only.

That the OP is liable and is directed to pay the maturity amount of Rs.23,820/- (Rs.11,910/- + Rs.11,910/-) only with simple interest @ 10% p.a. w.e.f. 07.12.2019 (Date of maturity) till the date of final realization of the same, within 45 days from the date of passing this order.

That the OP is liable and is directed to pay compensation to the tune of Rs.5,000/- (Rupees five 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.5,000/- 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