Sri. Apurba Kr. Ghosh ……...................President

The Complainant has filed this case under the provision of Consumer Protection Act. 2019 against the OP’s and praying for the following relief / orders:-

1. Direction against the O.P. to pay maturity amount of three policies to the complainant.
2. Direction against the OP to pay a sum of Rs. 1,00,000/- to the complainant for causing mental and physical harassment.  
3. Direction against the OP to pay a sum of Rs. 50,000/- to the complainant for unfair trade practice.  
4. Direction against the OP to pay a sum of Rs. 30,000/- to the complainant towards cost of legal expenses.  
5. Any other relief/reliefs to which the complainant is legally entitled to.

BRIEF FACT OF THE COMPLAINT

1. Complainant has stated in his complaint that he is a peace loving and law abiding citizen.
2. Complainant is a consumer as per the Consumer Protection Act. 2019/ complainant took three policies / schemes from the OP no. 1 by depositing a sum of Rs. 10,000/- each totaling of Rs. 30,000/- for the term of 10 years / the OP no. 2 is a regional office of the OP no. 1/ the OP no. 3  is the office of area manager of the OP no. 1/ The OP no. 4 is the registered office/ head office of OP no. 1.
3. That the agent of the OP no. 1 as well as OP no. 1 had intentionally misguided the complainant and changed  the policy scheme terms from 10 years to 15 years/ the complainant is not an educated person he did not understand the  fraud of the  OPs.
4. That the complainant is a senior citizen  and he is facing financial crisis and complainant  needs the deposited amount  for the treatment of his wife at Bangalore but he OPs have not paid the same and the matter was reported before the CA & FBP Siliguri where it was not settled.
5. That the cause of action of this case arose on 01.12.2021 which was the date of maturity of the amount as per the  knowledge of the complainant and the same is still continuing.

In support of the complaint the complainant has filed the following documents:-

1. Photocopy of  polices (1-3)
2. Photocopy of mediation application (4)
3. Photocopy of Mediation Notice (5)

Notice was issued from this Commission for serving the same upon the OPs. On receipt of notice the OPs No. 1 & 2 appears before this Commission through Vokalatnama, filed written version. In the written version (W/V) the OPs No. 1 & 2 has denied all the material allegations of the Complainant. The OPs No. 1 & 2 has statedthat the case of the complainant is not maintainable both in law and in fact/ the complainant has no locus standi to bring this case against them/ the complaint suffers from inherent defect/ the complaint petition hits the principle of law of estoppels, waiver and acquiescence. The OP No. 1 & 2 have further stated that the statement made in Para no. 1 to 3of the complaint petition are matter of record and the statement made in Para No.4 & 5are not correct and the statement made in Para No. 6 to 8 are matter of record.The OPs have further statedthat the statement madein Para No. 9 to 11 are absolutely false and fabricated and the OP No. 1 & 2 have denied the same. By filing W/V OPs No. 1 & 2 are praying for dismissal of this case. OPs No. 3 & 4 have not appeared before this Commission despite receiving of notice accordingly the case runs ex-parte against OP no. 3 & 4.

Having heard the Ld. Advocate of both sides and on careful perusal of complaint, documents filed by the complainant and the W/V of the OPs No. 1 & 2 the following points are taken to be decided by this Commission.

POINTS FOR CONSIDERATION

1. Whether the Complainant is a Consumer as per the provision of C.P. Act.?
2. Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
3. Whether there is any cause of action to file this case by the Complainant?
4. Whether there was deficiency in service on the part of the OPs as alleged by the Complainant?
5. Is the Complainant has able to prove this case and entitled to get any relief as prayed for?

                   DECISION WITH REASONS

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

          In order to prove the case the complainant praying for acceptance of its written complaint as their evidence and prayer of the complainant was allowed on 11.07.2024. Ld. advocate of complainant  has also file their WNA and at the time of argument Ld. advocate  complainant has argued that the complainant has been able to prove the case not only through its complaint, evidence and WNA but also they have already filed documents before this Commission to substantiate  its case.  He further  submits that during the pendency  of this case the OPs have not filed any evidence as well as WNA. Ld. advocate of complainant prying for necessary order in this regard.

Perused the record it reveals from the record that though the OP no. 1 & 2  have filed their WV but they did not filed any evidence before this Commission to falsify the  case  of the complainant. The OP no. 1 & 2 have not filed their WNA in respect of its WV.

Having heard the Ld. advocate of the complainant  and on perusal of the evidence of the complainant  as well as WNA including the documents filed by the complainant it appears that the complainant had purchased three policies/ schemes  from the OP No. 1 @ 10,000/- each totaling of Rs. 30,000/-  for a term of 10 years. It also appears from the record that after completion  of the 10 years  the OPs have not paid any maturity amount to the complainant  despite the complainant issued several reminders to the OPs.  From the record it also appears that the complainant  has also rushed to the CA & FBP, Siliguri  but the matter  has not been settled.

Considering the unchallenged evidence of the complainant and considering the documents filed by the complainant we are of the view that  the complainant has been able to prove the case against the OPs and the OPs are jointly and severally liable to pay the amount as there was deficiency in service  on the part of the OPs who despite receiving the deposited  amount of Rs. 10,000/- each  for three policies but they make no payment of the maturity amount  to the complainant.

Hence, it is therefore,

O R D E R E D

That the instant Consumer case being in No. 28/2023 is hereby allowed  on contest against the OP No. 1 & 2 and on ex-party against OP no. 3 & 4.

The OPs are directed to pay a sum of Rs. 43,600/- (65,400 ÷ 15 = 4360 x 10) to the complainant towards maturity amount.

OPs are also directed to pay a sum of Rs. 50,000/- to the complainant for causing mental agony as well as deficiency of service on the part of the OPs.

OPs are further directed to pay a sum of Rs. 10,000/-  to the complainant towards cost of legal proceedings.

OPs are also directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.

The OPs are also directed to pay interest @ 4% per annum  with effect from  the date of  filing of this case till making payment of the entire amount.

The OPs are also directed to pay the awarded amount within 45 days from this day failing which the complainant will have liberty to take proper steps against the OPs as per law.

Let a copy of this order be given to the parties free of cost.