The complaint has filed the complaint under section 12 of the Consumer Protection Act 1986 against the opponents for deficiency of service and prays for directing the OP’s to pay a sum of Rs.21,820/- which is the maturity amount along with interest and Rs.10,000/- for mental agony and towards the cost of the proceedings.
The brief facts of the complaint are the complainant is an agent of the OP’s Company having agent code No.1490034018 and joined the scheme of the OP’s on 08/08/2008.The maturity value of the scheme is Rs.21,820/- plus interest.The complainant had also paid a sum of Rs.240/- each month as premium.The said scheme matured on 08/02/2014.The OP’s company had issued a Bond vide Registration No.U 149236270.The complainant after maturity of the said scheme had visited the OP-02 at Mysore and had requested the OP-02 to pay the maturity value of the bond.OP-02 had asked the complainant to hand over the original bond and other papers relating to the transaction and had assured the complainant to pay the maturity value within 2 months.The complainant had handed over the original bond and other papers to OP-02 after keeping the Xerox copies of the bond papers, but OP’s till date have not made the payment.Hence, the complainant approached this Forum seeking remedy.
After admission of the complaint, notice was issued to the OP’sby RPAD.Notice to OP-01 returned back stating that the office was closed.The complainant filed a memo stating that since the complainant did not have a correct address, the complainant was not pressing the complaint against OP-01 and to delete OP-01 from this case.Hence, as per the memo filed by the complainant OP-01 was deleted from this above case.Notice to OP-02 was duly served and since OP-02 remained absent, OP-02 has been placed exparte in the above case and the case was posted for filing the affidavit of the complainant.There upon the complainant has filed her affidavit in lieu of oral evidence and has relied upon documents in support of her case.The arguments of the complainant was heard and then posted the case for orders.
In view of the facts and circumstances of the case and hearing the arguments submitted by the counsel for the complaint the following points that would arise for our consideration are as follows;
Whether the complainant proves deficiency of service against the OP-02 and whether the complainant is entitled for the relief’s sought for in the complaint?
To what order the party is entitled?
Our findings on the aforesaid points are as follows;
Point No.1:- In the affirmative
Point No.2:- As per order.
R E A S O N S
Point No.1:- The complainant in her complaint and in her affidavit submits that she is an agent of the OP’s company having agent code No.1490034018. The complainant submits that, she had joined the scheme of the OP’s on 08/08/2008 and the maturity value of the said scheme is Rs.21,820/- plus interest. The complainant submits that she has paid a sum of Rs.240/- per month as premium and the scheme matured on 08/02/2014. The complainant submits that the OP’s company had issued a bond vide Registration No. U 149236270.
The complainant submits that after the maturity of the bond, the complainant visited the OP-02 at Mysore and had requested OP-02 to pay the maturity value of the bond. But OP-02 had asked the complainant to hand over the original bond and other papers relating to the transaction and also OP-2 had assured the complainant that the maturity value would be paid within 2 months.
The complainant submits that after keeping Xerox copies of the bond and other papers the complainant had handed over the original bond and other papers to OP-02. The complainant submits that OP-02 had been dragging to make the payment by giving one or the other reason but has not made the payment till date.
The complainant submits that she had called the customer care that is the OP-02 several times, but OP-02 was not responding properly and so the complainant had gone to Mysore several times asking for settlement, but OP-02 was giving evasive reasons and was postponing the payment by stating that the SEBI has filed a case against the OP’s and after that the OP’s would pay the amount.The complainant submits that the attitude of the OP-02 has caused mental agony, physical and monetary loss to the complainant as the complainant is an agent to the OP’s and had joined 6 other members to this scheme who are also torturing the complainant to give their money back to them.The complainant submits that the attitude of OP-02 shows deficiency in service.
The complainant submits that the cause of action accrued on 08/08/2008, 08/02/2014. The complainant has produced the Xerox copy of the bond and original GPA, receipts and ID card of the complainant. The documentary evidence placed on record fully corroborates the case of the complainant. The notice served on OP-01 returned back stating the office was closed and as per the memo filed by the complainant OP-01 was deleted in the above case. Notice to OP-02 was duly served but since OP-02 failed to appear, OP-02 was placed exparte. The evidence adduced by the complainant remained unchallenged. There is nothing on record to disbelieve the evidence supported by documents.
In view of the aforesaid reasons, we are of the opinion that the complainant has established her case as made out in the complaint by placing sufficient materials on record.The OP-2 is directed to pay the complainant the maturity amount of Rs.21,820/-along with 10% interest from the date of maturity of the scheme till the date of full realisation and OP-02 is also liable to pay Rs.5,000/- to the complainant towards mental agony and cost of this proceedings.
Accordingly we answered point No.-1 in the affirmative.
Point No.-2 :- In view of our findings on point No.1, we proceed to pass the following;
O R D E R
The complaint filed under section 12 of the Consumer Protection Act by Smt. H.D. Bhagyavathi on 18/11/2015 against Customer Service Centre PACL (INDIA ) LIMITED, No.2911, 2nd Floor, Sundar Arcade, Opp:KSRTC Bus stand, Mysore is hereby allowed.
The OP-2 is hereby directed to pay the complainant the maturity amount of Rs.21,820/- along with 10% from the date of maturity of the above scheme till the date of full realisation.
The OP-02 is also liable to pay Rs.5,000/- towards mental agony and also towards cost of the proceedings to the complainant.The OP-02 is directed to comply with the aforesaid orders within 30 days from the date of receipt of copy of this order
The complainant is also at liberty to file private complaint against the OP-02 for violation of this order for the offences punishable under section 27 of the CP Act, which is punishable with imprisonment as well as fine.
Issue certified copies of this order at free of cost to the parties.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 10th day of May 2016)
