Order No.  9  dt.  30/08/2018

        The case of the complainant in brief is that the complainant being convinced with the representative of o.ps. paid an amount of Rs.1,00,000/- and o.ps. issued two ‘Dream World Certificates’ in favour of the complainant being provisional booking nos. 13280848 and 13285823 respectively. According to the terms of the said policy o.ps.  gave an undertaking that after the maturity period the amount would be paid back to the complainant to the tune of Rs.1,40,000/-. The complainant further stated that as per the terms of the said policy o.ps. would return the matured amount of Rs.1,40,000/- upon receiving the cancellation application of booking of standard AC room accommodation. The complainant thereafter filed an application to o.ps. for cancellation of the policies and demanded the matured amount, but o.ps. did not pay any heed, for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.1,40,000/- as well as compensation and litigation cost.

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v. The complainant in order to ensure the attendance of o.ps. published a notice in a daily newspaper with an intimation to o.ps. to appear before this Forum and contest the case. In spite of issuance of such notice in the newspaper o.ps. did not appear for which the case has proceeded ex-party against them.

            The complainant did not file any evidence and filed a petition stating that the petition of complaint be treated as evidence. On perusal of the petition of complaint as well as the documents filed by the complainant it appears that the complainant paid an amount of Rs. 1,00,000/- and certificates also stated that the matured sum would be Rs.1,40,000/-. After the maturity period the complainant wanted to get back the amount, but o.ps. did not pay any heed for which the complainant filed this case. The complainant has also annexed the documents showing that the certificates were issued by o.ps. and the amount was debited from the account of the complainant towards the payment of the amount to o.ps. In view of such materials on record since the case has remained unchallenged, therefore, we have no other alternative but to accept the contention of the complaint. As such, we hold that there is gross deficiency in service on the part of o.ps. and the complainant will be entitled to get relief.

            Hence, ordered,

            That the CC No. 60/2018 is allowed ex-party with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.1,40,000/- (Rupees One Lakh and Forty Thousand) only to the complainant along with compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/- (Rupees Five Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.