Date of Filing: 04-05-2017 Date of Final Order: 20-09-2017
Smt. Runa Ganguly, Member.
The factual matrix of the present complaint in brief is that the Complainant being attracted and convinced by the schemes and policies launched by the O.Ps, accepted Devine Holiday Scheme from Pan Card Clubs Limited, Cooch Behar Branch bearing Folio No.1004-01-28879 on 23/05/2011 for 5 years 6 months and the date of expiry was 23/11/2016. The Complainant did not get the maturity amount (Surrender Value) even after expiry of the said scheme. The Complainant knocked the door of the O.P. Company on several occasion with a desire to get back her surrender value of Room Night Purchased but all efforts were in vain. As per advice of the O.P. No. 1 the Complainant submitted the original certificate No. S100822215 one filled up form supplied by the O.P. No. 1 along with a cancelled cheque bearing No.063430 to the O.P. No. 1. The Complainant made several contacts the O.P. No. 1 for getting the surrender value but did not gat any satisfactory reply. Thereafter, the Complainant had withdrawn the original certificate along with filled up form and one cancelled cheque. Ultimately, being frustrated the Complainant lodged a case U/s 12 of C.P. Act before this Forum seeking reliefs and compensation as incorporated in the prayer portion of the complaint.
In the present case the O.Ps did not appear before this Forum even after service of the notice as such this case proceeded with ex-parte against the O.Ps.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service by not settling the claim of the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also heard the Ex-parte argument advanced by the Ld. Agent for the Complainant. Peruse also the evidence on affidavit of the parties along with documents made available in the record. Peruse the written argument filed by the Complainant.
Point No.1.
The Complainant accepted one scheme being Folio No. 1004-01-28879 on 3/05/2011 from the O.P. No.2 and the O.P. No. 1 being a branch office of the O.P. No. 2 received the policy amount from the Complainant. Thus, the relation between the Complainant and the O.Ps, so established from the record we are convinced to hold that the present Complainant is a consumer as per C.P. Act 1986.
Point No.2.
The O.P. No. 1 is the branch office of the O.P. No. 2 that is situated within the jurisdiction of this Forum and the claim amount of the Complainant is far less than the prescribed limit as such this Forum has territorial as well as pecuniary jurisdiction to try this case.
Point No.3 & 4.
Both the points are taken up for the convenience of discussion as well as related with each other.
Undisputedly, the Complainant accepted one scheme being Folio No. 1004-01-28879 on 23/05/2011 from the O.P. No.1 and the date of maturity of the said policy was on 23/11/2016. The surrender value of the Devine Holiday scheme was fixed at Rs.1,20,000/-.
It is also not in dispute that the O.P Company issued a Divine Holiday Scheme in favour of the Complainant.
The point of the dispute is that the O.P Company did not give the surrender value to the Complainant even after elapsing expiry/surrender date.
In this premises it is pertinent to mention that the Complainant has filed the original certificate before this Forum. The Complainant in his complaint as well as in Evidence on affidavit frankly speaks that she withdrawn the original certificate along with documents as the O.P. No. 1 failed to return the deposited amount. Thus, the certificate has not been reach to the O.P. No. 2 who is the issuing authority of the said certificate. As per policy condition the Complainant had to surrender the policy certificate before the O.Ps to get the surrender value. As and when the certificate has not been submitted by the Complainant to the O.Ps, the cause of action has not been arise. As there is no cause of action in the present dispute, we do not find any reason to discuss the points further.
In the light of above observation we are inclined to hold that, the present case is deserve to be dismissed.
Hence,
It is Ordered,
That the present case be and the same is dismissed exparte. No order as to costs.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules. The copy of this Final order will also be available in the following website:
confonet.nic.in
Dictated and corrected by me.
