This appeal is directed against the final order dated 07.12.2020 in CC No 7 of 2018 delivered by Ld. D.C.D.R.F., Darjeeling. The fact of the case in nutshell is that the appellant cum complainant Smt. S. Lama Pradhan registered a Consumer Complaint to the score that the respondent No. 2 R.K. Thakur an agent of Sahara Credit Cooperative Society Ltd approached her to open a policy under the scheme of Sahara Minor on daily recurring payment of rupees 100 for a term of one year. Subsequently, the appellant opened three policies on 15.09.2014 of Rs. 100 each on daily recurring basis for a term of one year and the said money was deposited to the office of Sahara Credit Cooperative Society Ltd. at Kurseong and by virtue of the said scheme the respondent No. 2 used to collect Rs. 300 per day for the said three policies since 15.09.2014. Unfortunately, after 03.11.2014 she could not continue the said payment due to some personal problems and for that reason she had to wait for the term to complete to make redemption after the completion of one year.

After, completion of one year the Complainant requested the respondent No. 2 to redeem her amount to the tune of Rs. 33,300/- for 111 days along with the accrued interest thereon. The agent assured him to have the redemption within the short span of time but after waiting several months the proposal of redemption could not be materialized. She, visited the office of respondent No. 1 and finally submitted a Written Complaint there on 16.02.2018 for the redemption but no fruitful result could be achieved and for that reason she registered the instant Consumer Complaint with a prayer to return back the deposited amount of Rs. 33,300/- along with interest, Rs. 50,000/- for compensation for deficiency and negligence on the part of the respondents and litigation cost of 15,000/-. The Consumer Complaint was registered and admitted for its motion. The notice was sent on 29.06.2018. The O.P appeared and prayed for time to file W.V on next date fixed on 18.07.2018 for filing W.V. On 18.07.2018 also the Opposite Parties could not file the W.V. The date for filing W.V extended till 07.08.2018. On 07.08.2018 the Opposite Parties could not take any steps and for that reason they were show caused. Subsequently, on 07.08.2018 the manager of Sahara Credit Cooperative Society Ltd. that is respondent No. 1 came before the Ld. Forum and expressed the intention to make payment of the claimed amount. Subsequently, the respondent made payment partly to the tune of Rs. 11,815/- against the total claim of Rs. 33,300/- excluding the interest. The Ld. Forum directed the respondent to make payment the remaining balance amount by 01.11.2018. On 01.01.2018 neither the respondent makes any payment of balance amount not took any steps so the case was placed for Ex-parte hearing on 27.11.2018. Meanwhile, on 19.11.2018 before the date fixed of this case the record was put up at the instance of two parties of the case. On that day two cheques were handed over to the appellant/complainant to the tune of Rs. 11,830/- and 11,833/- respectively. The Complainant received the said two cheques on the basis of part payment. On 27.11.2018 the respondent filed the W.V in Hindi version which was handed over to the Complainant on 19.12.2018. The O.P again on next day remains absent without steps and the case was fixed for Ex-parte hearing. Subsequently, the case was placed for National Lok Adalat which was held on 14.09.2019 but the parties did not attain to Lok Adalat. So, the case was returned back. The case was again referred to the next Lok Adalat where the respondent expressed their unwillingness to settle the dispute. The case was then taken into evidence steps and date was fixed on 07.12.2020 for evidence of the Complainant. On 07.12.2020 the respondent No. 1 R. Chettri by an affidavit mentioned before the Ld. Forum that by three installments payment the respondent side has already paid Rs. 35,478/- which included accrued interest on that day the Complainant did not come before the Ld. Forum and she was unheard on that day. Ld. Forum disposed of the Consumer Complaint to the affect that the claim has already been fulfilled and for that reason in terms of the affidavit submitted by the respondent No. 1 the Ld. Forum disposed of the Consumer Complaint and the affidavit was treated part of the record. Being aggrieved with this order this appeal follows on the ground that on 07.12.2012 the local Bar Association called cease work and for that reason the Complainant could not appear before the Ld. Forum through her legal counsel and the order dated 07.12.2020 delivered by the Ld. Forum was passed on the basis of solitary affidavit of the respondent which is not correct one. That the order of Ld. Forum was suffered from mistake of fact and the case of the Complainant was not attended and the observation of Ld. Forum and the decision of the Ld. Forum on the basis of solitary affidavit of the respondent is not proper in the eye of law and for that reason the final order of Ld. Forum should be set aside and the case of the Complainant should be upheld in the appellate stage. The appeal was registered on 13.04.2021 and due to pandemic condition prevailing in our country the delay was condoned and the appeal was registered and admitted in due course. The notice was sent to the respondents who in spite of receiving notice did not turn up to contest the case. So, the appeal was heard in presence of Ld. Advocate of the appellant.

Decision with reasons

Admittedly, the appellant entered into an agreement over the scheme of respondent No. 1 to have a recurring deposit of Rs. 100 per day for three policies which she run from 15.09.2014 to 03.11.2014 and thereafter due to her financial condition became worse, she could not continue the said deposit and stop the payment and waited one year term for redemption of the deposited money after waiting the time of maturity of redemption period she approached the agent and manager of the Sahara Credit Cooperative Society Ltd. for redemption money Rs. 33,300/- along with interest which was not entertained by the respondents for which she came to approach before the Ld. Forum. The Opposite Parties/respondents lost the opportunity to file W.V in due time. Extended time was granted to them to contest the case by filing W.V but ultimately the W.V could be furnished in delay of 45 days and for that reason Ld. Forum placed the case for Ex-parte hearing. The date was fixed on 07.12.2020 for Ex-parte hearing and recording the evidence of the Complainant. Fact remains that on that very day a local cease work by the Ld. Advocate of Darjeeling was prevailing and for that reason the Ld. Counsel of the Complainant could not turn up before the Ld. Forum while the respondent No. 1 by swearing an affidavit before the Ld. Forum submitted that total claim amount of Rs. 33,330/- along with interest that is total 35.478/- has already been paid by the respondents to the Complainant vide three cheques on different dates and for that reason the case was disposed of in terms of the affidavit only. Now, the question is whether the order of Ld. Forum suffers from any irregularities or not. We know very well that the Consumer Courts are simply guided by the principles of natural justice to protect the interest of Consumer. On 07.12.2020 there was a lawyer cease work called by the Darjeeling Bar Association and on that day the Ld. Advocate of the Complainant could not come to the Ld. Forum for appearing and for that reason any disposal order in absence of the Complainant is not justified one. The Ld. Forum should have waited for next day for disposal of the said Consumer Complaint after giving opportunity to the Complainant of being heard. But in this case that opportunity was not provided to her and she could not ventilate her grievances as because she deposited the amount up to Rs. 33,300/- for the period between 15.09.2014 and 03.11.2014 that is total 111 days and the cheque payments on the part of the respondents was held in the year 2018 that is on 26.07.2018. 27.09.2018 and 12.10.2018 in three installments of different dates and the total claim comes to the tune of Rs. 35,478/- which shows that for the last 3 years the interest calculated at Rs. (35,478 - 33,300) = it is Rupees 2,178/-. The Complainant waited to get the said amount after waiting three years. So, she has approached before the Ld. Forum with a good cause of action and also without recording any evidence it is apparent to us that certainly there was lapse or deficiency of service on the part of the respondents and for that reason the Ld. Forum had the opportunity to provide some amount as compensation for the harassment which had to endure on the part of the Complainant. Rather, the Complainant has approached to the Ld. Forum for getting litigation cost to the tune of Rs. 15,000/- and that approached was not redressed in a proper manner. So, in addition for the harassment and litigation cost some money should be awarded in favour of the Complainant otherwise the purposes of natural justice could not be fulfilled and in order to protect the interest of the Consumer in this case if we consider Rs. 20,000/- as compensation for mental harassment and Rs. 5,000/- as litigation cost to be awarded in favour of the Complainant then the grievances of a bonafide Consumer can be properly redressed. Thus, the Commission thinks it fit that the appeal should be allowed and the order of Ld. Forum should be modified to the extent that the in the light of Section 12 of the Consumer Protection Act, 1986 the respondent Nos. 1 and 2 should jointly and severally be directed to pay Rs. 20,000/- as compensation for deficiency of service and Rs. 5,000/- as litigation cost to the appellant/complainant.

Hence, it’s ordered

That the appeal be and the same is allowed on merit without any cost. The Final Order of Ld. Forum dated 07.12.2020 in CC No 7 of 2018 delivered by Ld. D.C.D.R.F., Darjeeling is hereby modified to the extent that the respondent Nos. 1 and 2 are directed to pay jointly and severally Rs. 20,000/- as compensation for deficiency of service and Rs. 5,000/- as litigation cost to be paid to the Complainant within 45 days from the date of receiving the copy of order, failing which interest at the rate of 8% Per-annum over the awarded money be carried on.

Let the copy of this order be supplied to the Complainant/Appellant free of cost and she is also directed to communicate the Final Order of this Commission to the respondent Nos. 1 and 2 by Post so that they can comply the order.

Let a copy of this order be sent to the Ld. D.C.D.R.F., Darjeeling through Email for taking necessary action.