Sri Ashoke Kumar Pal, President

The matrix of the instant complaint case in a nut shell is that the complainant purchased a certificate being No:925004597138 on 15.05.2017 for a sum of Rs.19,000/- (Rupees Nineteen Thousand only) for the period of 18 months from the Opposite Parties.  The maturity date of the certificate was on 15.11.2018 and the maturity amount was Rs.22,097/- (Rupees twenty two thousand and ninety seven only).  After the date of maturity, the complainant went to the Office of the OPs for the maturity amount but the OPs did not pay anything to the complainant without any rhyme or reason.  The complainant lodged a complaint before the Assistant Director of Consumer Affairs and Fair Business Practice, Sought 24-Parganas Regional Office at Baruipur to solve the problem through mediation.  But no fruitful result was achieved ultimately and hence this case. 

The OPs despite receipt of the notice of the case did not turn up to contest the case by filing W/V and as such by Order No:7 dated 28.06.2022 the instant complaint case proceeded exparte against both the OP Nos.1 & 2.

Points for Consideration:-

1. Is the complainant a consumer?
2. Are the O.Ps. guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relieves as prayed for?

Decision with Reasons :-

Point No. 1 :-   

On perusal of the case record along with documents, it appears that the complainant purchased a certificate from the OPs on 15.05.2017 being certificate No:925004597138 amounting to Rs.19,000/- (Rupees Nineteen thousand only).  The date of maturity of the said certificate was on 15.11.2018 and the maturity amount was Rs.22,097/- (Rupees twenty two thousand and ninety seven only).  Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.

As such, Point No.1 is decided in favour of the complainant and against the OPs.

Point No. 2 :-  

The complainant on 15.05.2017 purchased a certificate being No:925004597138 for Rs.19,000/- (Rupees Nineteen Thousand only) and the date of maturity of the said certificate was 15.11.2018 and the maturity amount was Rs.22,097/- (Rupees twenty two thousand and ninety seven only).  After maturity of the said certificate when the complainant went to the Office of the OPs to collect the maturity amount, the OPs failed and neglected to pay the maturity amount without any rhyme and reason.  Having no other alternative, the complainant lodged a complaint before the Assistant Director Consumer Affairs and Fair Business Practice, Sought 24 Parganas Regional Office at Baruipur.  But ultimately no fruitful result was achieved.  As such, it appears that the assurance of the OPs to give the maturity amount on the schedule date was not complied with.  Therefore, it is crystal clear that the OPs adopted unfair trade practise and there is deficiency in service on the part of the OPs for which the complainant suffered mental agony and huge financial loss.

As such, the 2^nd Point is also decided in favour of the complainant and against the OPs.

Point No.3 :-

The complainant filed the copy of certificate from which it appears that certificate being No:925004597138  has been purchased on 15.05.2017 from the OPs amounting to Rs.19,000/- (Rupees Nineteen Thousand only).  It is also clear that the maturity date was 15.11.2018 and the maturity amount was Rs.22,097/- (Rupees twenty two thousand and ninety seven only).  After the date of maturity the OPs failed and neglected to pay the maturity amount to the complainant.  A complaint  was lodged before the Assistant Director of Consumer Affairs and Fair Business Practice, Sought 24 Parganas, Regional Office at Baruipur.  But no fruitful result was achieved ultimately.  The complainant also visited the office of the OPs to collect the maturity amount.  But the OPs failed and neglected to pay maturity amount to the complainant for the reason best known to the OPs.  Therefore, it is clear that the complainant is very much entitled to get the relief as prayed for in the petition of complaint.  As the OPs failed and neglected to pay the maturity amount to the complainant the instant case has been filed on the relief sought for in the petition of complaint.

As such, the 3^rd Point is also decided in favour of the complainant and against the OPs.

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is

                                                              ORDERED

That the instant case be and the same is hereby allowed exparte against the OPs with cost of Rs.10,000/- (Rupees ten thousand only).

The OP no.1 and 2 both are jointly and severally liable and directed to pay the maturity amount Rs.22,097/- (Rupees twenty two thousand and ninety seven only) with simple interest @10% per annum w.e.f. 15.11.2018 (date of maturity) till the date of final realization of the same within 45 days from the date of passing this order.

The OP no.1 and 2 both are jointly and severally liable and also directed to pay the compensation to the tune of Rs.20,000/- (Rupees twenty thousand only) for deficiency in service, mental pain and agony and harassment suffered by the complainant, within 45 days from the date of passing this order, i.d. it will carry simple interest @10% p.a. after the expiry of 45 days from the date of passing this order till the date of final realization of the same.

The OP no.1 and 2 both are jointly and severally liable and also directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand only) as aforesaid within 45 days from the date of passing this order.

The complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OPs within 45 days from the date of passing this order. 

Let a copy of the order be supplied free of cost to both the parties as per rules.            

The Final order will be made available in www.confonet.nic.in.

Dictated and corrected by me.                              

               President