Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that the complainant purchased a certificate being No. 925010684348 on 11.05.2019 for a sum of Rs. 76,000/- (Rupees seventy six thousand only) for the period of 18 months from the O.P. The maturity date of the certificate was on 11.11.2020 and the maturity amount was Rs. 87,172/-(Rupees eighty seven thousand one hundred and seventy two only). After the date of maturity the complainant went to the office of the O.P. for the maturity amount but the O.P. did not pay anything to the complainant without any rhyme or reason. Finding no other alternatives, the complainant sent a legal notice through his Ld. Advocate to the O.P. on 03.11.2021 by speed post demanding the maturity amount. The O.P. despite receipt of the said notice on 08.11.2021 failed to comply with the requirements of the same and hence, this case.
The O.P. despite receipt of the notice of the case on 05.04.2022 did not turn up to contest the case by filing W.V. and as such by order No. 4 dated 20.04.2022 the instant complaint case proceeded ex-parte against the O.P.
POINTS FOR CONSIDERATION:
- Is the complainant a consumer?
- Is the O.P. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
DECISIONS WITH REASONS:
Point No. 1:
On perusal of the case record along with the documents, it appears that the complainant purchased a certificate from the O.P. on 11.05.2019 being certificate No. 925010684348 amounting to Rs. 76,000/-(Rupees seventy six thousand only). The date of maturity of the said certificate was on 11.11.2020 and the maturity amount was Rs. 87,172/-(Rupees eighty seven thousand one hundred and seventy two 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 O.P.
Point No. 2:
The complainant on 11.05.2019 purchased a certificate being No. 925010684348 for Rs. 76,000/-(Rupees seventy six thousand only) and the date of maturity of the said certificate was 11.11.2020 and the maturity amount was Rs. 87,172/-(Rupees eighty seven thousand one hundred and seventy two only). After maturity of the said certificate when the complainant went to the office of the O.P. to collect the maturity amount, the O.P. failed and neglected to pay the maturity amount without any rhyme or reason. Finding no other alternative the complainant sent a legal notice to the O.P. on 03.11.2021 which the O.P. received on 08.11.2021. But inspite of receiving the legal notice the O.P. failed and neglected to comply with the requirements of the said notice. As such it appears that the assurance of the O.P. to give the maturity amount on the scheduled date was not complied with. Therefore, it is crystal clear that the O.P. adopted unfair trade practice and there is deficiency in service on the part of the O.P. for which the complainant suffered mental agony and huge financial loss.
As such, the second point is also decided in favour of the complainant and against the O.P.
Point No. 3:
The complainant filed copy of the certificate and the copy of the Advocate’s letter dated 03.11.2021 from which it appears that the certificate being No. 925010684348 has been purchased on 11.05.2019 from the O.P. amounting to Rs. 76,000/-(Rupees seventy six thousand only). It is also clear therefrom that the maturity date was 11.11.2020 and the maturity amount was Rs. 87,172/-(Rupees eighty seven thousand one hundred and seventy two only). After the date of maturity as the O.P. failed and neglected to pay the maturity amount to the complainant, a legal notice dated 03.11.2021 was sent to the O.P. by the complainant. But inspite of receiving the said legal notice the O.P. failed and neglected to comply with the requirements of the said notice and to pay the maturity amount to the complainant. The complainant also visited the office of the O.P. to collect the maturity amount but the O.P. failed and neglected to pay the maturity amount to the complainant for the reason best known to the O.P. Therefore, it is clear that the complainant is very much entitled to get reliefs as prayed for in the petition of complaint. As the O.P. 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 third point is also decided in favour of the complainant and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is
ordered
that the instant case be and the same is allowed ex-parte against the O.P. with cost of Rs. 20,000/-( Rupees twenty thousand only).
The O.P. is liable and directed to pay the maturity amount of Rs. 87,172/-(Rupees eighty seven thousand one hundred and seventy two only) with simple interest @ 10% p.a. w.e.f. 11.11.2020 (date of maturity) till the date of final realization of the same within 45 days from the date of passing this Order.
The O.P. is liable and also directed to pay compensation to the tune of Rs. 20,000/-(Rupees twenty thousand only) for 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. w.e.f. after 45 days from the date of this Order till the date of final realisation of the same.
The O.P. is liable and also directed to pay the litigation cost of Rs. 20,000/-(Rupees twenty thousand only) as aforesaid within 45 days from the date of passing this Order.
The complainant is at liberty to put the order in execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this Order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
