Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nutshell is that the complainant purchased three certificates being No:467003446703 on 23.05.2018 for a sum of Rs.3,671/-(Rupees three thousand six hundred and seventy one), a certificate being No:467004263812 for a sum of Rs. 1,385/- (Rupees one thousand three hundred and eighty five) only on 07.08.2018 and a certificate being No:467004263855 on 22.11.2018 for a sum of Rs.1,177/- (Rupees one thousand one hundred and seventy seven) only from the OP. The maturity date of the said certificates were on 23.05.2021, 07.08.2021 and 22.11.2021 respectively and the maturity amount was Rs.14,684/-, Rs.5,540/- and Rs.4,708/- respectively. 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 despite receiving of the notice of this case did not turn up nto contest this case by filing W/V and as such by order No.5 dated 02.02.2023 the instant complaint case proceeded ex-parte against the OP.
POINTS FOR DECISION :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- 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 three certificates from the OP being certificate No:467003446703 on 23.05.2018 for a sum of Rs.3,671/-(Rupees three thousand six hundred and seventy one), being certificate No:467004263812 on 07.08.2018 for a sum of Rs. 1,385/- (Rupees one thousand three hundred and eighty five) only and being certificate No:467004263855 on 22.11.2018 for a sum of Rs.1,177/- (Rupees one thousand one hundred and seventy seven) respectively. The maturity date of the certificates were 23.05.2021, 07.08.2018 and and 22.11.2021 respectively and the maturity amounts were Rs.14,684/-, Rs.5,540/- and Rs.4,708/- respectively. 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 on 23.05.2018, 07.08.2018 and 22.11.2018 purchased three certificates being No. No:467003446703, being certificate No:467004263812 and
being certificate No:467004263855 respectively for a sum of Rs.3,671/-, Rs.1,385/- and Rs.1,177/- respectively from the OP. The maturity dates of the said certificates were 23/05/2018, 07.08.2018 and 22.11.2018and the maturity amounts were Rs.14,684/-, Rs.5,540/- and Rs.4,708/- respectively. After maturity of the said certificates the complainant 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 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 OP to give the maturity amount aftrer the dates of maturity was not complied with. Therefore, it is crystal clear that the OP adopted unfair trade practice and there is deficiency in serviced 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 filed three copies of certificates from which it appears that the certificate being No.:467003446703 has been purchased on 23.05.2018, certificate being No:467004263812 has been purchased on 07.08.2018 and a certificate being No:467004263855 has been purchased on 22.11.2018 and amounting to Rs.3,671/-. Rs.1,385/- and Rs.1,177/- respectively. It is clear that the maturity dates were 23.05.2018, 07.08.2018 and 22.11.2018 respectively and the maturity amounts were Rs.14,684/-, Rs.5,540/- and Rs.4,708/- respectively. 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 and the Op failed and neglected to pay the maturity amount to the complainant, the instant case has been filed on the relief as sought for in the petition of complaint.
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 allowed ex-parte against the OP with cost of Rs.10,000/- only.
That the OP is liable and is directed to pay the maturity amount of (Rs.14,684/- + Rs.5,540/- + Rs.4,708/-)=24,932/- with simple interest @ 10% p.a. w.e.f. dates of maturity of each certificate till the date of final realization of the same within 45 days from the date of passing this order.
That the O.P. is liable and is directed to pay compensation to the tune of Rs.20,000/- (Rs. 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% after the expiry of 45 days from the date of this order till the date of final realization of the same.
That the OP is liable and is 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.
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
