Sri Ashoke Kumar Pal, President.
The matrix of the instant complaint case in a nutshell is that the complainant purchased a certificate being No. 467000131628 on 30.10.2017 for a sum of Rs. 19,700/- (Rupees nineteen thousand seven hundred only) from the O.Ps. The maturity date of the certificate was for 36 months and the maturity amount was Rs. 53,600/-(Rupees fifty three thousand six hundred only). After the date of maturity the complainant went to the office of the O.Ps. for the maturity amount but the O.Ps. did not pay anything to the complainant without any rhyme or reason. Finding no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur to solve problem through mediation. But ultimately no fruitful result was achieved and hence, this case.
The O.Ps. 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. 5 dated 10.08.2022 the instant complaint case proceeded ex-parte against both the O.P. Nos. 1 and 2.
POINTS FOR CONSIDERATION:
- Is the complainant a consumer?
- Are the O.Ps. 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.Ps. being certificate No. 467000131628 on 30.10.2017for a sum of Rs. 19,700/- (Rupees nineteen thousand seven hundred only). The maturity date of the certificate was for 36 months and the maturity amount was Rs. 53,600/-(Rupees fifty three thousand six hundred only). Therefore, the complainant is a consumer as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, the first point is decided in favour of the complainant and against the O.Ps.
Point No. 2:
The complainant on 31.10.2017 purchased a certificate being No. 467000131628 for a sum of Rs. 19,700/- (Rupees nineteen thousand seven hundred only) from the O.Ps. The maturity date of the certificate was after 36 months and the maturity amount was Rs. 53,600/-(Rupees fifty three thousand six hundred only). After maturity of the said certificate when the complainant went to the office of the O.Ps. to collect the maturity amount, the O.Ps. failed and neglected to pay the maturity amount without any rhyme or reason. Finding no other alternative the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur. But ultimately no fruitful result was achieved. As such it appears that the assurance of the O.Ps. to give the maturity amount after the scheduled period of 36 months was not complied with. Therefore, it is crystal clear that the O.Ps. adopted unfair trade practice and there is deficiency in service on the part of the O.Ps. for which the complainant suffered mental agony, harassment and huge financial loss.
As such, the second point is also decided in favour of the complainant and against the O.Ps.
Point No. 3:
The complainant filed a copy of the certificate from which it appears that the certificate being No. 467000131628 has been purchased on 31.10.2017 from the O.Ps. amounting to Rs. 19,700/- (Rupees nineteen thousand seven hundred only). It is also clear therefrom that the maturity date was after 36 months and the maturity amount was Rs. 53,600/-(Rupees fifty three thousand six hundred only). After the date of maturity as the O.Ps. failed and neglected to pay the maturity amount to the complainant, a complaint was lodged before the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Parganas, Regional Office at Baruipur. But ultimately no fruitful result was achieved. The complainant also visited the office of the O.Ps. to collect the maturity amount but the O.Ps. failed and neglected to pay the maturity amount to the complainant for the reason best known to the O.Ps. 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.Ps. failed and neglected to pay the maturity amount to the complainant, the instant case has been filed on the reliefs sought for in the petition of complaint.
As such, the third point is also decided in favour of the complainant and against the O.Ps.
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. Nos. 1 and 2 with cost of Rs. 10,000/- (Rupees ten thousand only).
The O.P. Nos. 1 and 2 are jointly and severally liable and are directed to pay the maturity amount of Rs. 53,600/- (Rupees fifty three thousand six hundred only) with simple interest @ 10% p.a. w.e.f. 31.10.2020 (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. Nos. 1 and 2 are jointly and severally liable and also are directed to pay 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 45 days from the date of this Order till the date of final realization of the same.
The O.P. Nos. 1 and 2 are jointly and severally liable and are 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 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
