Sri Ashoke Kumar Pal, President

The matrix of the instant complainant case in short is that the complainant purchased two insurance plans on 10.10.2017 being certificate No:467003446819 and 467003446820 from the OP No.2 for a sum of Rs.6,400/- for 3-years each.  The said two insurance plans were matured on 09.10.2020 and as per terms and conditions of the maturity of the said two plans the complainant was entitled to receive Rs.35,825/- each for both the said plans.  After the expiry of the maturity period of the said two plans the complainant visited the office of the Op-2 for receiving the total matured amount of Rs.71,605/-.  But the OP did not pay anything to the complainant without any rhyme or reason.  Finding no other alternative, the complainant sent a legal notice dated 20.09.2022 through her Ld. Advocate calling upon the OP to refund the matured amount with interest.  The OP despite receipt of the notice did not pay the matured amount to the complainant with interest and hence this case.

The OP No. 2 & 3 did not come forward to contest the case by filing W/V and as such by Order No.4 Dated 18.01.2023 the instant complainant case proceeded ex-parte as against the OP Nos. 2 & 3.

The OP No.1 contested the case by filing W/V contending inter allia that the claims of the complainant are all false.  It was the specific case of the OP No.1 is that the complainant is not at all a consumer within the meaning of Consumer Protection Act, 2019. The complainant is also a member of the Saharayan Universal Multipurpose Society Ltd after being a registered Member. The complainant has acquired the right to deposit money for different scheme of the society at his own risk.  The OP No.1 also denied the other material averment of the petition of complaint para-wise and ultimately prayed for dismissal of the case with cost.

Points for consideration :-

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

Decision with reasons :-

Point No.1:- 

On perusal of the case record along with documents, it appears that the complainant purchased two insurance plans on 10.10.2017 being certificate No:467003446819 and 467003446820 for a sum of Rs.6,400/- (Rupees six thousand and four hundred) each from the OP No.2.  The tenure of the two certificates were for 36 months w.e.f. 10.10.2017 and the maturity amounts were Rs.35,825/- each for each certificate totaling to an amount of Rs.71,650/-  Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.

As such, the 1^st point is decided in favour of the complainant and against the OPs.

Point No:2 : 

The complainant on 10.10.2017 purchased two certificates being No:467003446819 and 467003446820  respectively for a sum of Rs.6,400/- each from the Ops.  The maturity period of the said two certificates were 36 months from 10.10.2017 and the matured amounts were Rs.35,825/- each.  After maturity of the said two certificates the complainant went to the office of the Ops to collect the matured amount.  But the OPs failed and neglected to pay the matured amount without any rhyme and reason. Having no other alternative the complainant sent a legal notice dated 20.09.2022 through her Advocate demanding the maturity amount.  The OPs despite receipt of the notice failed to comply with the requirement of the same.  Therefore, it is crystal clear that the OPs adopted unfair trade practice and there is deficiency in service on the part of the OPs for which the complainant suffered mental main and agony, harassment and huge financial loss.  

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

Point No.03 :-

The complainant filed two copies of certificates from which it appears that the certificates being No:467003446819 and 467003446820  both have been purchased on 10.10.2017 amounting to Rs.6,400/- (Rupees Six Thousand and Four Hundred) each.  It is clear that the maturity period was for 36 months w.e.f. 10.10.2017 and the maturity amount was Rs.35,825/- each totaling to an amount of Rs.71,650/-. After the date of maturity as the OPs failed and neglected to pay the maturity amount to the complainant, a legal notice dated 20.09.2022 was sent to the OPs claiming the maturity amount.  But ultimately no fruitful result was achieved. The complainant also visited the Office of the OPs to collect the maturity amount but the OPs failed and neglected to pay the 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 complainant and 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 allowed on contest against the OP No.1 and ex-parte against the OP Nos. 2 & 3 with cost of Rs.10,000/- (Rupees ten thousand) only.

That the OPs are jointly and severally liable and are directed to pay the maturity amount of (Rs.35,825/- + Rs.35,825/-) = 71,650/- with simple in the form of compensation @ 10% p.a. w.e.f. the dates of maturity of each certificate till the date of final realization of the same within 45 days from the date of passing this order.

That the OPs are jointly and severally liable and are directed to pay litigation cost of Rs.10,000/- (Rupees ten thousand) only as aforesaid within 45 days from the date of passing this order.

That 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 the parties concerned. 

That the final order will be available in the following website www.confonet.in.

Dictated and corrected by me.  

     Ashoke Kumar Pal                     

           President