Date of filing : 02.01.2019.
Date of admission : 07.01.2019
Date of final order : 27.11.2019.
FINAL ORDER / JUDGMENT
Smt. Banani Mohanta(Ganguli), Member – An application has been filed by the complainant under section 12 of the C.P. Act, 1986 alleging deficiency in service on the part of the O.Ps. for non-payment of maturity amount of Rs. 8,720/- and therefore the complainant filed this instant case for proper redressal as prayed in the petition of complaint.
The complainant’s case in short is that he has invested an amount of Rs. 8,000/- with the O.Ps. company on 30.06.2017 for a period of 12 months and the O.Ps. issued a certificate, being no. 705000680816, A/C. No. 15856704903 in favour of the complainant.
The complainant further stated that on the date of maturity i.e. on 30.06.2018 the complainant was entitled to get the maturity amount of Rs. 8,720/- but the O.Ps. did not pay the maturity amount by taking some pleas. The complainant also failed to deposit his certificate to the O.Ps. company after the maturity period as the O.Ps. refused to receive the documents from him.
The complainant sent a letter to the O.Ps. requesting them to disburse the maturity amount as aforesaid but in vain.
Finding no other alternative the complainant is constrained to file this case before this Forum with the following reliefs :-
Reliefs sought for :-
- Compensation of Rs. 1,00,000/- for mental and physical harassment.
- Payment of maturity amount of Rs. 8,720/-.
- Interest.
- Litigation cost.
Notices were served upon the O.Ps.
It appears from the case record that the O.P. no.-1 appeared before this Forum on 19.02.2019 and prayed time for payment. Subsequently, on 26.02.2019 further a prayer was made by the O.P. no.-1 seeking time for payment with a hand written caption ‘written version’ but it was not supported with an affidavit. Therefore, we cannot accept the said petition as W/V. Further it appears from the case record that the O.Ps. were remained absent since 16.04.2019 and they did not participate in the hearing process and therefore, the argument was heard in absence of O.Ps.
As the O.Ps. neither filed W/V nor filed any questionnaire against the evidence of the complainant, we are going to decide the case ex-parte against the O.Ps.
The complainant filed written affidavit-in-chief in order to prove his case and also filed BNA.
From the complaint petition evidence of the complainant and other materials on record the following points have been framed :-
- Is the complainant a consumer?
- Are the O.Ps. deficient in service?
- Is the complainant entitled to get relief as prayed for?
DECISION WITH REASONS
All the points have been taken together for sake of brevity and avoidance of repetition of facts.
It is evident from the evidence of the complainant that the complainant had invested an amount of Rs. 8,000/- with the O.Ps. company on 30.06.2017 for a period of 12 months and the O.Ps. issued certificate to that effect, being certificate No. 705000680816, being A/c. No. 15856704903.
It appears from the copy of certificate and the evidence of the complainant that on the date of maturity i.e. on 30.06.2018, the maturity amount was Rs. 8,720/- and the complainant is supposed to get that amount but the O.Ps. did not pay the maturity amount to the complainant.
Here, the complainant is a consumer within the meaning of “consumer” as defined u/s – 2(1) (d) of the C.P. Act, 1986 and the O.Ps. are service providers and the dispute is a consumer dispute.
Now, in order to ascertain whether the O.Ps. were deficient or not we have to look into the evidence of the complainant once again.
It is evident from the evidence of the complainant that on the date of maturity i.e. on 30.06.2018 the O.Ps. failed to pay the maturity amount. Even the O.Ps. did not receive the documents, certificate etc. from the complainant and took some pleas.
A notice was sent to the O.Ps. but the same was in vain. Here, we are of the view that the O.Ps. were negligent and deficient in providing service to the complainant.
Therefore, the complainant is entitled to get relief, but in part.
Regarding the point of “compensation” and “interest”, we are of the view that when interest is being provided, no separate compensation can be given. It is the settled principle of law that both “compensation” and “interest” cannot be awarded.
Basing on this principle, we are inclined to award interest @ 6% per annum on the maturity amount of Rs. 8,720/-, which shall be calculated on and from 01.07.2018 till realization.
As the complainant did not specifically claimed any amount for cost of the proceeding, we are inclined not to pass any award on this head.
All the points have been discussed and disposed of.
it is,
O R D E R E D
that the Consumer Complaint being No. CC-3/2019 is allowed ex-parte against the O.Ps., but in part.
The O.Ps. are jointly and severally directed to pay the maturity amount to the tune of Rs. 8,720/- to the complainant within 30 days from the date of this order.
The O.Ps. are further jointly and severally directed to pay interest @ 6% per annum on Rs. 8,720/-, to the complainant, which shall be calculated on and from 01.07.2018 till the date of payment.
Let free copies be given to the parties concerned as per provision of CPR – 2005.
Dictated & corrected by me.
( Banani Mohanta ( Ganguli )
Member,
D.C.D.R.F., Howrah.
