Sri Ashoke Kumar Pal, President
The matrix of the instant complaint case in a nutshell is that the complainant purchased 10(ten) certificates being Nos. 1) 467004443684 dated 31.12.2018 amounting to Rs. 26,600/-, 2) 467004443685 dated 31.12.2018 amounting to Rs. 31,500/-, 3) 467004443686 dated 31.12.2018 amounting to Rs. 26,650/-, 4) 467004443687 dated 31.12.2018 amounting to Rs. 26,650/-, 5) 467004443688 dated 31.12.2018 amounting to Rs. 18,500/-, 6) 467004443689 dated 31.12.2018 amounting to Rs. 10,850/-, 7) 467004443690 dated 31.12.2018 amounting to Rs. 31,500/-, 8) 467004443691 dated 31.12.2018 amounting to Rs. 6,950/-, 9) 467004443692 dated 31.12.2018 amounting to Rs. 18,500/- and 10) 467004443693 dated 31.12.2018 amounting to Rs. 26,650/- respectively. The maturity of the said 10(ten) certificates is after 36 months and the maturity amounts were Rs. 63,949/-, Rs. 82,384/-, Rs. 69,172/-, Rs. 68,969/-, Rs. 44,474/-, Rs. 69,214/-, Rs. 80,181/-, Rs. 16,909/-, Rs. 44,474/- and Rs. 68,929/- respectively totaling to an amount of Rs. 6,08,655/- (Rupees six lakh eight thousand six hundred fifty five) only. After the date of maturity, the complainant went to the Office of the O.P. for the maturity amount but the O.P. 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 & Fair Business Practices, South 24 Pgs, Regional Office at Baruipur to solve the problem through mediation. Ultimately, no fruitful result was achieved and hence, this case.
The O.P. despite receiving of the notice of this case did not turn up to contest the case by filing W/V and as such by Order No. 4 dated 14.09.2022, the instant complaint case proceeded ex-parte against the O.P.
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?
Decision with Reasons :-
Point No. 1 :-
On perusal of the case record along with copies of documents, it appears that the complainant purchased 10(ten) certificates being Nos. 1) 467004443684 dated 31.12.2018 amounting to Rs. 26,600/-, 2) 467004443685 dated 31.12.2018 amounting to Rs. 31,500/-, 3) 467004443686 dated 31.12.2018 amounting to Rs. 26,650/-, 4) 467004443687 dated 31.12.2018 amounting to Rs. 26,650/-, 5) 467004443688 dated 31.12.2018 amounting to Rs. 18,500/-, 6) 467004443689 dated 31.12.2018 amounting to Rs. 10,850/-, 7) 467004443690 dated 31.12.2018 amounting to Rs. 31,500/-, 8) 467004443691 dated 31.12.2018 amounting to Rs. 6,950/-, 9) 467004443692 dated 31.12.2018 amounting to Rs. 18,500/- and 10) 467004443693 dated 31.12.2018 amounting to Rs. 26,650/- respectively. The maturity of the said 10(ten) certificates is after 36 months and the maturity amounts were Rs. 63,949/-, Rs. 82,384/-, Rs. 69,172/-, Rs. 68,969/-, Rs. 44,474/-, Rs. 69,214/-, Rs. 80,181/-, Rs. 16,909/-, Rs. 44,474/- and Rs. 68,929/- respectively totaling to an amount of Rs. 6,08,655/- (Rupees six lakh eight thousand six hundred fifty five) 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 10(ten) certificates being Nos. 1) 467004443684 dated 31.12.2018 amounting to Rs. 26,600/-, 2) 467004443685 dated 31.12.2018 amounting to Rs. 31,500/-, 3) 467004443686 dated 31.12.2018 amounting to Rs. 26,650/-, 4) 467004443687 dated 31.12.2018 amounting to Rs. 26,650/-, 5) 467004443688 dated 31.12.2018 amounting to Rs. 18,500/-, 6) 467004443689 dated 31.12.2018 amounting to Rs. 10,850/-, 7) 467004443690 dated 31.12.2018 amounting to Rs. 31,500/-, 8) 467004443691 dated 31.12.2018 amounting to Rs. 6,950/-, 9) 467004443692 dated 31.12.2018 amounting to Rs. 18,500/- and 10) 467004443693 dated 31.12.2018 amounting to Rs. 26,650/- respectively. The maturity of the said 10(ten) certificates is after 36 months and the maturity amounts were Rs. 63,949/-, Rs. 82,384/-, Rs. 69,172/-, Rs. 68,969/-, Rs. 44,474/-, Rs. 69,214/-, Rs. 80,181/-, Rs. 16,909/-, Rs. 44,474/- and Rs. 68,929/- respectively totaling to an amount of Rs. 6,08,655/- (Rupees six lakh eight thousand six hundred fifty five) only. After maturity of the said 10 (ten) certificates, the complainant went to the office of the O.P. to collect the maturity amount. But the O.P. failed and neglected to pay maturity amount to the complainant without any rhyme and reason. Having no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs & Fair Business Practices, South 24 Pgs, Regional Office at Baruipur to solve the problem through mediation. Ultimately, no fruitful result was achieved. As such, it appears that the assurance of the O.P. to give the maturity amount after the maturity period of 36 months was not complied with. Therefore, it is crystal clear that the O.P. adopted unfair trade practice and deficiency in service on the part of the O.P. for which the complainant suffered mental agony, harassment and huge financial loss.
As such, the Point No. 2 is also decided in favour of the complainant and against the O.P.
Point No.3 :-
The complainant filed the copies of certificates from which it appears that the certificates being Nos. 1) 467004443684 dated 31.12.2018 amounting to Rs. 26,600/-, 2) 467004443685 dated 31.12.2018 amounting to Rs. 31,500/-, 3) 467004443686 dated 31.12.2018 amounting to Rs. 26,650/-, 4) 467004443687 dated 31.12.2018 amounting to Rs. 26,650/-, 5) 467004443688 dated 31.12.2018 amounting to Rs. 18,500/-, 6) 467004443689 dated 31.12.2018 amounting to Rs. 10,850/-, 7) 467004443690 dated 31.12.2018 amounting to Rs. 31,500/-, 8) 467004443691 dated 31.12.2018 amounting to Rs. 6,950/-, 9) 467004443692 dated 31.12.2018 amounting to Rs. 18,500/- and 10) 467004443693 dated 31.12.2018 amounting to Rs. 26,650/- respectively. After the date of maturity, the O.P. failed and neglected to pay the maturity amount to the complainant. A complaint was lodged before the Assistant Director, Consumer Affairs & Fair Business Practices, South 24 Pgs, 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. to collect the maturity amount. But the O.P. failed and neglected to pay maturity amount to the complainant for the reason best known to the O.P. Therefore, it is crystal clear that the complainant is very much entitled to get the reliefs as prayed for in the petition of complaint. As the O.P. 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 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 hereby allowed ex-parte against the O.P with cost of Rs. 10,000/- (Rupees ten thousand) only.
The O.P. is liable and directed to pay the maturity amount of Rs. 6,08,655/-(Rupees six lakh eight thousand six hundred fifty five) only with simple interest @10% p.a. w.e.f. 01.01.2021 (date of maturity) 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 directed to pay the 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 the expiry of 45 days from the date of passing this order till the date of final realization of the same.
The O.P. is liable and 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 into 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 supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in.
Dictated and corrected by me.
President
