DATE OF FILING : 03-12-2013.
DATE OF S/R : 27-01-2014.
DATE OF FINAL ORDER : 17-07-2014.
Somnath Adhikari,
son of Kshetro Mohan Adhikari,
residing at Nischinda Barojilpar, P.S. Nischinda,
District –Howrah,
PIN – 711227.-------------------------------------------------------------- COMPLAINANT.
- Versus -
1. Remac Realty India Limited,
having its registered office
at 1/425, Jodhpur Park,
Kolkata – 700068.
2. The Manager,
Remac Realty India Limited,
Howrah Maidan Branch,
288, G.T. Road ( North ), P.O. Salkia,
P.S. Malipanchghora, District – Howrah,
PIN – 711 101. ------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. Complainant, Somanath Adhikari by filing a petition U/S 12 of the C.P. Act,
1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund maturity amount with other relief or reliefs as the Forum may deem fit and proper.
2. It is the specific grievance of the complainant that he paid @ Rs. 300/- per month to o.ps. for 15 months by purchasing a monthly policy of o.ps. having customer code no. ABP 1587287 and Member ID R 10608504 vide Annexure ‘A’. The maturity value of the said policy is Rs. 5,625/-. But it is alleged by the complainant that even after the maturity period, o.ps. have been avoiding to pay the said amount of Rs. 5,265/- to the complainant and thereby creating mental agony, physical harassment for him. Complainant also made a diary with the local P.S. Malipanchghora, being G.D.E. 87 dated 02-12-2013 vide Annexure ‘B’. From the Annexure ‘A’ series, it is found that the date of maturity was on 03-08-2013. Since that date, complainant was not given the maturity amount. Being frustrated complainant filed this instant petition with the aforesaid prayers.
3. Notices were served. O.Ps. appeared and filed written version. Accordingly, case was heard on contest.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. O.ps. have denied the receipt of any money from the complainant vide Para 6 of their written version. Again they have stated in para 7, that they are ready to pay the amount to the complainant. From the Annexures i.e., money receipts of different dates, we find that complainant paid the installment amounts to o.ps. for purchasing a product. The product’s offering cost is Rs. 5,265/-. But o.ps. have failed to supply the product even. And being frustrated, complainant filed this petition on 03-12-2013 i.e., after the date of maturity being 03-08-2013. Failing to keep promise definitely amounts to deficiency in service, o.ps. have neglected to discharge their part of duty towards the complainant, which is nothing but deficiency in service. Accordingly the case succeeds on contest. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 420 of 2013 ( HDF 420 of 2013 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay Rs. 5,265/- to the complainant within one month from this order.
That the complainant do get an award of Rs. 1,000/- as compensation and Rs. 1,000/- as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs. 7,265/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 10% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F.,Howrah.
