Consumer Complaint No. 187 of 2016

Date of filing: 24.10.2016                                                                      Date of disposal: 22.5.2017

Complainant:               1. Minati Dey, W/o. Achyuta Nanda Dey, resident of 3/26, Bhabani Thakur Lane, PO: Rajbati, District: Burdwan, PIN- 713 104.

                                    2. Achyuta Nanda Dey, S/o. Late Srish Chandra Dey, resident of 3/26, Bhabani Thakur Lane, PO: Rajbati, District: Burdwan, PIN- 713 104.

-V E R S U S-

Opposite Party:    1.     Pan Card Clubs Limited, represented by its Manager, having its office at Parbirhata, Gopal Bhaban, 4tgh Floor, PO: Sripally, PS: Burdwan, Dist: Burdwan, PIN – 713 103.

2.      The Chairman, Pan Card Clubs Ltd., having its office at Panorama Group Ltd., 111/113, Kalidas Udyog Bhavan, Near Centure Bazar, Prabhadevi, Mumbai, 400 025.

Present:      Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Suvro chakraborty.

Appeared for the Opposite Party:  None.

J U D G E M E N T

          This complaint is filed by the Complainants u/S. 12 (1) (c) of the Consumer Protection Act, 1986 alleging deficiency in service as well unfair trade practice against the OPs as the OPs did not pay them the maturity amount of the certificates till filing of this complaint.

          The brief fact of the case of the Complainants is that the Complainant-1 deposited an amount of Rs.30, 720=00 with the OPs on 14.07.2012 for 03 years and 03 months and the OPs have issued certificate in favour of the Complainant-1 bearing no-2190504. The date of maturity of the said certificate and the maturity amount were mentioned as 14.10.2015 and Rs.42, 840=00. The Complainant-2 deposited an amount of Rs.69, 520=00 with the OPs on 16.08.2012 for 03 years and 03 months. The OPs have issued certificate in favour of the Complainant-2. The date of maturity of the said certificate and the maturity amount were mentioned as 16.11.2015 and Rs.97, 020=00. It is pertinent to mention that in respect of the two certificates the OPs have issued two personal accidental death insurance policies in favour of the Complainant-1 for Rs.1, 00,000=00 and Rs.2, 00,000=00 in favour of the Complainant-2. After maturity of the deposited amount of the Complainant-1 the Complainant-2 made contact with the OP-1 on 16.10.2015 and the OP-1 asked the Complainant-2 for submitting all the original documents before it and accordingly the original certificate of the Complainant-1 was submitted before the OP-1 and the OP-1 issued an acknowledgment in favour of the Complainant-1 on the same day and assured the Complainant-2  that one cheque will be issued for the maturity amount in the name of the Complainant-1 as early as possible. Similarly on 04.11.2015 the Complainant-2 as per the advice of the OP-1 submitted the original certificate of him to the OP-1 and accordingly an acknowledgment receipt was issued. Assurance was also given to the Complainant-2 by the OP-1 that the maturity amount will be paid to him by issuing a cheque very soon. Thereafter on several occasions the Complainant-2 approached before the OP-1 requesting for issuance of two separate cheques in connection of the two certificates, but the OPs have neither take any steps nor return the maturity amount to the Complainants. Subsequently the Complainant-2 sent a letter to the OP-1 through speed post on 10.02.2016, but the OPs did not bother to reply the same. As the grievance of the Complainants have not been redressed by the OPs, having no alternative the Complainants have approached before this Ld. Forum by filing this complaint praying for direction upon the OPs to pay a sum of Rs.42, 840=00 to the Complainant-1 and Rs.97, 020=00 to the Complainant-2, to pay compensation for Rs.50, 000=00 due to harassment, mental pain and agony and litigation cost of Rs.20, 000=00 to them.

          After admission hearing notices were issued upon the OPs. The OP-2 received the notice, but did not turn up to contest the complaint either orally or by filing written version. The notice in respect of the OP-1 has returned as ‘not claimed’. As ‘not claimed’ is tantamount to good and valid service, hence service is completed in respect of the OP-1 successfully. As the OPs did not appear, the complaint is running ex parte against the OPs. The Complainants have adduced evidence on affidavit along with some documents in support of their contentions. During final argument as the OPs were absent on calls, we take up the hearing of the complaint ex parte against the OPs.

           We have carefully perused the record; documents submitted by the Complainants and heard argument advanced by the Ld. Counsel for the Complainants. It is seen by us from the documents that the Complainant-1 deposited an amount of Rs.30,720=00 with the OPs on 14.07.2012 for 03 years and 03 months and the OPs have issued certificate in favour of the Complainant-1 bearing no-2190504, the maturity date of the said certificate was on 14.10.2015, it is mentioned in the policy certificate that the maturity amount will be for Rs.42,840=00, the Complainant-2 deposited an amount of Rs.69,520=00 with the OPs on 16.08.2012 for 03 years and 03 months, the certificate shows the maturity date as 16.11.2015 and the maturity amount will be for Rs.97,020=00, in respect of the two certificates the OPs have issued two personal accidental death insurance policy in favour of the Complainant-1 for Rs.1,00,000=00 and Rs.2,00,000=00 in favour of the Complainant-2, after maturity the Complainants made contact with the OP-1 on 16.10.2015 & 04.11.2015 and the OP-1 asked the Complainants for submitting all the original documents before it, acknowledgment slips reveal that the original certificates was submitted with the OP-1, assurance was given by the OP-1 that two separate cheques will be issued for the maturity amount in the name of the Complainants as early as possible, written correspondences were made by the Complainant with the OPs on 10.02.2016, but to no effect. The allegation of the Complainants is that subsequently on several occasions the Complainant-2 approached before the OP-1 requesting for issuance of two separate cheques in connection of the two certificates, but the OPs have neither take any steps nor return the maturity amount to the Complainants. Hence by filing this complaint the Complainant have prayed for direction upon the OPs to pay a sum of Rs.42, 840=00 to the Complainant-1 and Rs.97, 020=00 to the Complainant-2 along with other reliefs to them. As the Complainants have successfully proved their complaint by producing the cogent document that inspite of maturity of the deposited amount the OPs did pay the maturity amount as mentioned in the policy certificate to the Complainants, which they are entitled to get, in our view the OPs are liable to pay the said amount to the Complainants forthwith. Admittedly since their maturity the amounts are lying with the OPs, hence in our considered view the Complainants are entitled to get interest on the said maturity amounts. We have noticed that after maturity the deposited amount the OPs did not take any step to pay them the said amount till filing of this complaint inspite of making written correspondences with the OPs by the Complainants. Such inaction of the OPs obviously shows their deficiency in service on their parts for which the Ops are liable to pay compensation to the Complainants. Admittedly as the grievances of the Complainants have not been redressed by the OPs before coming to the Court of Law and by filing this complaint the Complainants have to incur some expenditure towards litigation cost, hence in our opinion that the Complainant are also entitle to get litigation cost from the OPs.

          Going by the foregoing discussion, hence it is

O r d e r e d

 that the complaint is allowed ex parte against the OPs with cost. The OPs shall pay either jointly or severally to the Complainant-1 a sum of Rs.42,840=00 & Rs.97,020=00 to the Complainant-2 towards the maturity amount of the questioned two certificates along with interest @6% p.a. on those amounts from the date of filing of this complaint i.e. 24.10.2016 till realization of the entire amount within 45 days from the date of passing of this judgment, in default the abovementioned decreetal amount (maturity amount+ interest) shall carry penal interest @ 10% p.a. for the default period. The OPs are further directed either jointly or severally to pay a sum of Rs.4, 000=00 to the Complainants as compensation due to the deficiency in service of the OPs for which the Complainants have to face harassment, mental pain and agony and the OPs shall pay litigation cost of Rs.1, 000=00 to the Complainants within a period of 45 days from the date of passing of this judgment, in default the Complainants will be at liberty to put the entire order in execution as per provision of Law.  

          Let plain copies of this order be supplied to the parties free of cost as per provisions of law.    

Dictated and corrected by me.                                                               

                  (Silpi Majumder)

                         Member

                DCDRF, Burdwan

                                                      (Pankaj Kumar Sinha)                        (Silpi Majumder)

                                                                 Member                                          Member   

                                                          DCDRF, Burdwan                          DCDRF, Burdwan