The factual matrix of the case as culled out from the record is that the Complainant purchased four Nos. of M.I.S. Policies of Rs. 90,000/- in total bearing certificate No. 2212100000575 amount of Rs. 30,000/- on 05-03-2012 Code No. APNTC-144181, Debit Card No. 144181 in terms of interest of Rs. 2,700/- per month, bearing Certificate No. 2212100001442 of Rs. 10,000/- on 27.03.2012 Code No. APNTC-200344 Debit Card No. 200344 in terms of interest of Rs. 2,250/- per month, bearing Certificate No. 2054118282 of Rs. 25,000/- on 31.12.2011 Code No. APNTC-133684 Debit Card No.211465 in terms of interest of Rs. 900/- per month, bearing Certificate No.2229100004209 of Rs. 25,000/- on 22.11.2012 Code No. APNTC-835245 Debit Card No. 249312 in terms of interest of Rs. 2,250/- per month from Smt. Archana Deb Sarkar, The Chief Managing Director, Royal International Trading, Regd. Office at Newtown, Dinhata Road, P.O. & Dist. Cooch Behar i.e. the Opposite Party in the instant case.
Thereafter, the Complainant received monthly interest up to March, 2013 and no further and informed such non-payment of interest to the Opposite Party at Cooch Behar, who assured pay-off the said interest within May, 2013. After expiry of the said assured period, they went to office of the Opposite Party several times for the monthly interest but in vain. Thereafter the Complainant deposited the original documents to the Opposite Party for getting the maturity amount that too was unheeded resulting to suffering & irreparable loss due to negligence of the Opposite Party. The cause of action arose in March, 2013 and thereafter till date of filing of the instant Complaint. By not getting the assured amount from the end of the Opposite Party, the Complainant compelled to file the case before this Forum seeking redress and relief as incorporated in the prayer portion of the complaint.
In the present case the Opposite Party did not appear before this Forum for which the case was heard in Ex-parte.
Complainant has filed Evidence on affidavit and Written Argument.
In the light of the facts and circumstances of the case the following moot points came out for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986.
- Has this Forum jurisdiction to entertain the instant complaint?
- Whether the Opposite Party has any deficiency in service as alleged by the Complainant and is the opposite party liable in any way to compensate the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We perused the documents made available on record and also heard the argument in ex-parte. Perused also the Evidence of the Complainant and Written argument.
Point No.1.
Evidently, the Complainant purchased four M.I.S. Policies from the Opposite Party i.e. Royal International Trading against deposit of Rs. 90,000/- against the Certificate Nos. 2212100000575, 2212100001422, 2054118282, 2229100004209 in view to avail of service from the Opposite Party on payment of Premium. The documents made available on record it make clear that the Opposite Party intervened to the matter for initiation of the Policy. Thus, in view of the status of the Complainant and the relationship with the Opposite Party as came to be existed; we are of the clear opinion that the Complainant is the Consumer for this proceeding as mandated by the provision laid down in Section 2(1)(d)(ii) of the C.P. Act, 1986.
Point No.2.
The office and the residence of the Opposite Party situated in this district and the Complaint value of this case is only Rs. 99,000/- i.e. far less than Rs. 20,00,000/- thus, this Forum has territorial as well as pecuniary jurisdiction to try the present case.
Point No.3 & 4.
Now the above two points are taken up together for consideration.
On perusal the documents in record it appears that the Opposite Party also issued Customer Debit Card in favour of the Complainant being No. APNTC-144181, APNTC-200344, APNTC-211465, APNTC-249312 for receiving monthly interest of Rs. 2,700/-, Rs. 900/-, Rs. 2,250/-, Rs.2,250/- up to 15.09.2013, 07.10.2013, 12.07.2013, 04.06.2014 respectively. The Complainant received interest against four policies up to March, 2013 at the same rate. There after the Opposite Party stopped payment of interest. Complainant knocked the door of the Opposite Party for payment of Interest but all are in vain.
In this present case, the Opposite Party did not turn up and for which this proceeding heard in ex-parte. It is fact that when the mass people very much concerned about the Sarada Massacre and the complainant who deposited amount in Money Marketing Agency are intend to withdraw the amount from the Opposite Party company to save their hard earned money even before maturity period also the Opposite Party to save their skin continuous given false assurance without returning the money definitely termed as deficiency in service and the Opposite Party in this way continued her business by adopting the arm of Unfair Trade practice.
May whatever it be, evidently, the Complainant deposited @ Rs. 90,000/- on 05.03.2012, 27.03.2012, 31.12.2011 and on 22.11.2012 dates to the Royal International Trading under acknowledgements (Annexure “C” series) on the terms and conditions mentioned therein so also we have reason to believe that the customer Debit cards (Annexure “A”) were issued by the aforesaid Opposite Party/trading to the Complainant as in the name of the Trading, address etc. with Seal/Logo of the Opposite Party.
Moreover, the Opposite Party willfully avoid to contest the case seems that she has no denial of the allegation leveled against her by the Complainant and the fact disputed not denied.
In the light of foregoing discussion and materials on record, we are in considered opinion that the Complainant as a bonafide Consumer deprived from the proper service as had to render by the Opposite Party for which the Complainant is entitled to relief/reliefs as prayed for.
Thus, the Complaint succeeds on merit by unchallenged testimonies.
ORDER
Hence, it is ordered that,
The Case of the Complainant be and the same is allowed in Ex-parte with cost of Rs. 5,000/-.
The Opposite Party is directed to pay the Complainant the amount of Rs.90,000 /- (deposited amount) against four policies with 7% interest from the date of filing the case. The opposite party is further directed to pay Rs. 5,000/- to the complainant as compensation. The opposite party should comply with the entire order within 30 days from the date of this order, in default, the opposite party shall have to pay Rs. 50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund, West Bengal.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/ld. Advocate by hand/ be sent under Registered Post with A/D forthwith for information and necessary action, as per Rule.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consume Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consume Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
