The complainant has filed this case against the OP as per the provision of the C.P. Act, 2019 and praying for following relief /order:-
i) Direction against the OP to pay a sum of Rs. 82,661/- (eighty two thousand six hundred sixty one) only which is maturity amount of the Fixed Deposit Certificate.
ii) Direction against the OP to pay a sum of Rs. 1,50,000/- (one lakh fifty thousand) only for mental and physical harassment of the complainant.
iii) Direction against the OP to pay a sum of Rs. 30,000/- (thirty thousand) only to the complainant as litigation cost.
iv) Any further relief/reliefs is/are legally entitled.
The brief fact of the case is that, the complainant is a consumer under the provisions of Consumer Protection Act, 2019. The complainant has stated in his complaint that, he purchased one GOLDEN 24 policy from the Opposite Party being certificate no. 438001519622 dated 31.08.2019 by paying a sum of Rs. 68,000/- (sixty eight thousand) only and date of maturity was fixed on 31.08.2021/ the complainant has also stated on 01.09.2021 when the complainant went to the OP with the policy certificate to receive the maturity amount the OP stated that maturity amount will be paid after some days as their internal meeting is pending.
Further case is that in the last week of September, 2021 the complainant again went to the office of the OP requesting for making payment to his F.D. Policy Certificate but the OP again stated their internal meeting was still pending.
Further case is that in the month of November 2021 when the complainant again went to the office of the OP requesting to make payment but they again took time, by that way the OP took several adjournments by not paying any amount. The complainant has further stated that the cause of action of this case arose on 31.08.2021 which is the date of maturity of the policy and the same is continued till the month of September, 2021 and continued till date.
Notice was issued from this commission for servicing upon the OP. Which was duly served upon the OP but the OP despite receiving notice from this commission did not appear before this commission to contest this case. Accordingly the case is proceeding ex-parte against the OP.
In order to prove the case the complainant files written deposition in the form of an affidavit, F.D. certificate and also files WNA in support of his claim before this commission.
Having heard Ld. Advocate of the complainant and on perusal of the documents filed by the complainant and other materials on record the following points are taken up for consideration by this commission.
POINTS FOR CONSIDERATION
- Whether the complainant is a consumer as per the provision of C.P. Act. ?
- Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
- Whether there is any cause of action to file this case by the complainant?
- Whether there was deficiency in service on the part of the OP as alleged by the complainant?
- 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 the sake of convenience and brevity of this case.
In order to prove the case the complainant has filed evidence on its behalf. The complaint has filed written deposition, Fixed Deposit Certificate and WNA before this commission in support of his case.
At the time of argument Ld. advocate of the complainant submits that the complainant is a poor person who purchased a Fixed Deposit Certificate policy from the Opposite Party (OP) as the OP allured him to make payment of huge interest on its maturity. He further argued that after the date of maturity the complainant on several occasions went to the office of the OP requesting for making payment of the matured amount but the OP paid no heed to the complainant and make no payment till today.
Having heard the Ld. advocate of the complainant and on perusal of the entire record including evidence, documents filed by the complainant as well as WNA it is admitted fact that the complainant had purchase a Fixed Deposit Policy Certificate from the OP. It is also fact that the maturity date has also been over. It is further reveals from the record that on several occasions the complainant went to the office of the OP requesting for making payment of the matured amount. But the OP paid no heed for making payment of the matured amount of the F.D. Certificate.
Hon’ble Supreme Court in Virender Jain Versus Alkananda Co-operative Group Housing Society Ltd. (2013) 9 SCC 383 it was held that, dispute raises by the members of the Society can be decided by the Consumer Forum.
It was also held by Hon’ble Supreme Court in Thirumurugan Co-operative Agricultural Society Versus M. Lalitha (Dead) through LRS (Appeal, Civil 92 of 1998) that the dispute between co-operative society and its members regarding deficiency in service can be maintained under the Consumer Protection Act.
In view of the above and considering the materials on record we are also of the view that this Commission has sufficient jurisdiction to entertain this complaint as a consumer dispute.
Having heard the Ld. advocate of the complainant and considering unchallenged evidence of the complainant and other materials on record we are of the view that the complainant has been able to prove the case against the OP and we are also of the view that there was clear deficiency in service on the part of the OP as well as restrictive trade practice.
Hence,
ORDERED,
that the instant Consumer Case being No. 16 of 2022 be and the same is allowed in part on ex-parte.
The OP is directed to pay the complainant a sum of Rs.82,661/-(eighty two thousand six hundred sixty one) only which is the maturity amount of the F.D. Policy Certificate along with interest @9% per annum with effect from 01.09.2021 till making payment of the entire amount.
The OP is also directed to pay a sum of Rs. 20,000/- (twenty thousand) only to the complainant for mental and physical harassment of the complainant.
The OP is further directed to pay a sum of Rs. 10,000/- (ten thousand) only for litigation cost to the complainant.
The OP is also directed to pay a sum of Rs. 10,000/-(ten thousand) only in the Consumer Legal Aid Account of this Commission.
Let a copy of this order be given to the parties free of cost.
