The fact of the case in brief is that the Complainant filed the instant case against the Pan card Clubs U/S 12 of the C.P. Act 1986. The Complainants purchased two certificates bearing Folio No. Coo-67156 ( 57-20-01084643) amounting to Rs. 50,500/- on 24/04/2009 and Folio No- Coo- 42163 (57-20-01041252) amounting to Rs. 7,200/- on 15/11/2007. The Maturity amount of the certificate bearing Folio No- Coo-67156(57-20-01084643) is 1, 00,800/- on 24/07/2015 and the maturity amount of certificate bearing No- Coo-42163 (57-20-01041252) amounting to Rs. 21,600/- on 15/11/2016. The aforesaid certificates were purchased for a period of 6 years & 3 months and 9 years respectively.
Further case of the Complainants is that after the maturity of the said policies the O.P issued a cheque bearing No. 485197 amounting to Rs. 1,09,125/- dated 16/08/2016 infavour of the Complainant No.1 i.e. Md. Imarat Ali. The said cheque was taken back by the O.P on 21/04/16. But the Complainants got no receipt the maturity amount. The Complainants knocked the door of the O.P Company for several times at Cooch Behar with a desire to get back the maturity amount but all are in vain.
Thereafter finding no other alternatives the Complainants filed this instant case before this Forum for getting proper reliefs as sought for in the complain petition.
Summons were issued to the O.P. and as per postal report notice were delivered to the O.P. on 20.06.18. Despite the O.P did not turn up before this Forum and as such the case preceded ex-parte against the O.P. (vide Order No.04 dated 16/08/2018).
In Order to prove the case the Complainants have filed evidence on affidavit and written argument and some documents.
We have heard the argument of the Complainants and perused the materials available on record.
Considering the above pleadings the following issues are necessarily come out to arrive at a decision.
POINTS FOR CONSIDERATION
- Are the Complainants consumer as per section 2(1) (d) (ii) of the consumer protection Act, 1986?
- Has this Forum jurisdiction to entertain the instant case?
- Has the O.P any deficiency in service as alleged by the Complainants?
- Whether the Complainants are entitled to get relief/ reliefs as they prayed for?
DECISION WITH REASONS
Point No.1.
The Complainants purchased two policies bearing Folio No. Coo-67156 amounting to Rs.50,500/- on 14/04/2009 and other Folio No. Coo- 42163 amounting to Rs.7,200/- on 15/11/2007 from the O.P and the maturity dates are on 24/07/2015 and 15/11/2016 respectively. From the documents we find that the Complainants purchased two policies from the Pan Card club after paying the consideration and the O.P promised to pay the maturity amount on the due dates. So, the Complainants are the consumer as per provision U/S 2(1) (d) (ii) of the C.P. Act, 1986.
Point No.2.
It reveals from the case record that the Complainants purchased Delight Holiday certificate & New Royal Holiday certificate by Rs.50,500/- and Rs.7,200/- respectively from the O.P. The Complainants reside within the District of Cooch Behar. The said transaction took place at Cooch Behar. Therefore the cause of action took place at Cooch Behar. The territorial jurisdiction is conferred either at a place where the cause of action arose and where the Office of the O.P is situated. The Complainants stated in their complaint as well as their evidence on affidavit that they have purchased the aforesaid certificates from the Branch Office of the O.P. situated at Cooch Behar. The claim amounts of the Complainants do not exceed the pecuniary jurisdiction of this Forum. Therefore this case is maintainable and this Forum has both the territorial & pecuniary jurisdiction to entertain the case.
Point No.3.
On perusal of the documents, it reveals to us that the Complainant No.1 purchased Delight Holiday certificate of Rs.50,500/- on 24/04/2009 from the O.P and the maturity amount was Rs.1,00,800/- as on 24/07/2015. The Complainant No.2 also purchased New Royal Holiday certificate of Rs.7,200/- on 15/11/2007 from the O.P and the maturity amount is Rs.21,600/- as on 15/11/2016.
It is evident from the evidence of the Complainants that after the maturity, they went to the Branch Office of the O.P at Cooch Behar for several times to receive the maturity amount. Thereafter the O.P issued a cheque bearing No. 485197 amounting to Rs.1,09,125/- dated 16/08/2016 infavour of Complainant No. 1 Md. Imarat Ali, and the said cheque was taken back by the O.P i.e. the Pan card clubs Ltd. at Cooch Behar on 21/04/2016. Thereafter the Complainants knocked the door of the O.P Company for getting back the maturity amount but all are in vain. The dispute is that the Complainants got no receipt the maturity amount from the O.P.
It is also pertinent to mention here that any financial institution like the O.P Company cannot enjoy the public money without giving any service. In the light of the aforesaid discussion we find that there is deficiency in service on part of the O.P and the O.P did unfair trade practice. Thus, the Complainants are entitled to get the reliefs as sought for.
Point No.4.
Point No. 4 also bears positive result favouring the Complainants and that should be reflected in the Ordering portion.
Thus, all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice, it is,
Ordered
That the present case No. CC/32/2018 be and the same is allowed ex-parte against the O.P, Pan Card Clubs Limited., 111/113, Kaliandas Udyog Bhavan, Near Century Bazar, Prabhadevi, Mumbai-400025 with costs.
The Complainant No.1 Md. Imarat Ali do get a decree of his claim amount of Rs. 1,60,800/- against the O.P. and he do get a further decree of Rs.20,000/- for his mental sufferings & agony Plus 10,000/-as costs against the O.P i.e. his total decreetal amount is Rs.1,60,800/- + Rs.20,000/- + Rs.10,000/- = Rs.1,90,800/- (One Lakh Ninty Thousand and Eight Hundred).
The Complainant No.2 Sabina Begam do get a decree of her claim amount of Rs.51,000/- against the O.P. and she do get a further decree of Rs.10,000/- for her mental sufferings & agony Plus Rs.5,000/- as costs against the O.P i.e. her total decreetal amount is Rs.51,000/- + Rs.10,000/-+ Rs.5,000/-= Rs.66,000/- (Sixty six Thousand).
The O.P Pan card Clubs Limited is hereby directed to pay the decreetal amount to the Complainants respectively within 30 (Thirty) days from this day failing which the Complainants are at liberty to put this decree in to execution according to Law (Jointly or separately).
In case of realization of the decreetal dues through execution in that event the decree holders ( Complainants ) will be entitled to 8% interest per annum on their respective decreetal dues from the date of filing of this case from 21/05/2018 till realization of the entire decreetal dues.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy this Final Order/Judgement also available at www.confonet.nic.in.
Dictated and corrected by me.
