IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday, the 31^st    day of July, 2017.

Filed on 17/04/2017

Present

1. Smt. Elizabeth George  (President)
2. Smt. Jasmine D (Member)

in

C.C.No.102/2017

between

Complainants:-                                                Opposite parties:-

Sri. Ramadas Babu,                                        1. S.V. Associate

Nikarthu Mangalam,                                           Pitchu Iyer Jn,

Eravukadu, Alappuzha.                                      Alappuzha.(PAN CARD)

688. 2.                                                                   Jaya Nivas 688011.

2.UTI Infastructure,

Technology and Service Ltd.,

D-1, First Floor, Thiru-Vi-Ka

Industrial Estate Guindy,

Chennai-600 032.

                                                          O R D E R

          SMT. JASMINE D. (MEMBER)

     The case of the complainant in short is as follows.

The complainant has approached the 1^st opposite party for the purpose of getting a pan card for availing a bank loan.  The complainant applied for the PAN and on

10-2-2017 through the 1^st opposite party.  The 1^st opposite party assured that the pan number will get within 15 days and the card would be issued within 30 days.  After 15 days the complainant had approached the 1^st opposite party for getting the pan number.  They informed that the PAN Number is not ready and it takes some more time for getting the same.  The complainant again went to the 1^st opposite party on 24-3-2017 but the card was not ready at that time also.  The complainant again approached the 1^st opposite party on 4/4/2017.  Then the 1^st opposite party informed the complainant that they haven’t got the PAN  card and they endorsed on the application form as ‘cancelled’.  The complainant requested to refund the price of Rs.200/- which was paid for issuing the pan card. But they refused to refund the same.  Thereafter the complainant applied for pan card through AKSHAYA as the same is required for availing the bank loan which was already sanctioned.  Since the opposite parties have failed to provide the assured service to the complainant, the complainant sustained much inconvenience and mental agony and hence filed this complaint seeking compensation.

2.Notice was served to the 1^st opposite party but they did not appear before the Forum hence opposite party 1 was set expartee.  Notice against opposite party 2 not returned.

          3.  Complainant filed proof affidavit and produced two documents which was marked as Ext.A1 and A2.

          4. Considering the allegation of the complainant the Forum has raised the following issues for consideration:-

     1) Whether there is any deficiency in service on the part of the opposite parties?

     2) Whether the complainant is entitled to get any relief as prayed for?

          5.  Issues 1 and 2:-  The case of the complainant is that he was in need of a PAN Card for the purpose of availing a bank loan and approached the 1^st opposite party for the same.  The complainant paid an amount of Rs.200/- to the 1^st opposite partytowards the charges and applid for the PAN card on 10-2-17 and the opposite party assured to give the PAN number within 15 days and assured to deliver the PAN card within 30days.  The complainant approached the opposite party many times for getting the PAN Card.  But they failed to provide the assured service to the complainant, hence filed this complaint.

     Complainant produced 2 documents which were marked as Ext.A1 and A2.  Ext.A1 is the  copy of Pan card application and Ext.A2 is the  copy of Bank loan sanction letter.   From the documents it can be seen that the complainant had applied for the PAN card on 10-2-17 and the complainant applied for a bank loan it was sanctioned  and the sanction is valid upto 17/4/17.  Ext.A1 it can be seen that the complainant had applied for the PAN on 10/2/17 and on Ext.A1 it can also be seen that the same was cancelled on 4/4/17.  The complainant has waited for the PAN for a substantial period of time, but the opposite party failed to provide the assured service and also  not stated sufficient reasons for not providing the PAN.  Even though notice was served to the opposite party they failed to attend before the Forum.  This shows their carelessness and irresponsible attitude.  Since the first opposite party failed to provide the assured service to the complainant they have committed deficiency in service and the act of the opposite parties cause much mental agony and inconvenience to the complainant.  Therefore the opposite parties are liable to compensate the complainant for the mental agony and inconvenience caused to him.  So the complaint is to be allowed.

     In the result the complaint is allowed.  The 1^st opposite party is directed to pay an amount of Rs.3000/- towards compensation to the complainant for the mental agony and inconvenience caused to him. 

     The order shall be complied within one month from the date of receipt of this order.

     Pronounced in the Open Forum on this the 31^st day of July, 2017.

                                                                   Sd/-Smt. Jasmine D (Member

 Sd/-Smt. Elizabeth George  (President)

Appendix

Evidence of the complainant:

Ext.A1- Copy of pan card application

Ext.A2-Copy bank loan sanction letter.

Evidence of the opposite parties:-  Nil

//True copy//

                                                                                                       By Order

 Senior Superintendent.

To

          Complainant/Opposite party/S.F

Typed by: S/-

Compared by: