West Bengal

Birbhum

CC/57/2019

Jagannath Dutta - Complainant(s)

Versus

WBFC, Commercial Eastate - Opp.Party(s)

Joy Gopal Das

18 Mar 2021

ORDER

The petitioner Jagannath Dutta file a complainant against West Bengal Finance Corporation Commercial Eastate, City Centre, Durgapur, Paschim Burdwan. Represent by its Director the Office, situated at Suri, Birbhum.

            That the complainant and his Rice Mill resides in the Birbhum under the Juris Diction of the Ld. Forum/Commission. In the further case of the complainant that the month of June, 1999 when the Op office situated at Suri Birbhum, and the said complainant as a bonafide consumer of the said Ops. The complainant have taken a loan from the OP Office of Rs. 1, 60,000 (One Lakes sixty thousand) only for the development of his Rice Mill.

It’s the further case of the complainant that the complainant deposited 15 nos, of KVP in the name of Sima Dutta and Jagannath Dutta and two LICI policies in the name of Purna Chandra Mondal and Prabir Kr. Dutta as a co lateral securities. On his part as per loan agreement to the commitments of the OP sides.

            That their after the said OP has disbursed the loan amount to the complainant in the three installments.

1. Date  14/06/1999  Rs. 55,000/ .
2. Date  17/06/1999 Rs. 50,000/.
3. Date  30/06/1999 Rs. 55,000/.

On Condition that the amount should be paid in 18 quarterly installment and accordingly. First two quarterly installment was Rs. 8,500/ which the complainant paid and the remaining quarterly installment was Rs. 9,250/ and the entire loan amount along with paid and adjusted by cash and from the certificate of 15 nos. of KVP and one LICI policy.

That their after the complainant collected one statement of account from OP company office and he became astonished to see the statement where OP claimed of Rs. 20,000/ more that their after the complainant paid his dues loan amount along with interest entirely.

That their after the complainant also paid 20,000/ more and the OP issued no dues certificate realization of loan amount entirely in favour of the complainant.

But OP Company failed to provide one LICI certificate to the complainant. The said LICI policy certificate is till kept and preserve in the custody of the OP office.

 

That their after on 20/06/20218 the OP concerned send a statement of account where they claimed of Rs. 1,70,796.75/ from the complainant their such claim is entirely illegal.

It is the further case of the complainant that the complainant repeatedly requested to the OP and several representation was made from his part to get back the LICI policy certificate but all are in vain. Inspite of that the OP failed rendering proper services to its customer/Consumer. The complainant has failed to get his genuine LICI certificate which is till kept and preserve in the custody of the OP. The policy has been matured now valued at Rs. 99,500/.

That their after on 20/03/20219 the complainant sent a legal notice through is lawyer. The OP company received the said notice but failed his render the said LICI certificate in favour of the complainant that their after the cause of action gradually arise on and from 20/09/20217 when the OP issued no dues certificate of LICI fever of the complainant.

That their after the complainant having no other alternative has come to the Forum/Commission for proper reliefs.

That OP Company received our notice and appears our Forum/Commission on 07/11/2019 and prays for time for filing W.V and V.nama.

 That there after the OP Company did not turned up and the W.V was not filed. So it is proved that the OP company unwilling to proceed the case. Hence the case proceed to experte-hearing.

The petitioner has filed certain documents in support of this claim.

Upon pleading of the parties the following points are to be considered for discussion of the case.

Point for determination/Issues.

1. Whether the complaint is a Consumer or not?
2. Whether this Forum/Commission has jurisdiction to try this Case?
3. Whether there in any deficiency in service or unfair trade practice on the point of the OP?
4. Whether the complaint is entitled to yet any other relief or reliefs as prayed for?

Decision with reasons

Point No. 1:- Evidently the complainant was taken a loan of 1,60,000/- before the OP Company West Bengal Financial Corporation.

          So, the complainant is a Consumer U/S 35 of the C.P Act 2019.

Point No. 2:- Total Valuation of the case is Rs. 99,500/- which is for that maximum limit of the pecuniary Jurisdiction of the Forum/Commission i.e. Rs. 1, 0000000/-.

            The Ops have office within jurisdiction of the Forum/Commission.

            So, this Forum has pecuniary and territorial Jurisdiction to try this case.

Point No. 3 and 4:- Both points are taken up together for convenience of discussion as they are related to each other.

            Admittedly the complainant was taken a lone of Rs. 1, 60,000/- before the OP Company only for the development of his Rice Mill on the other hand the complaint deposited 15 Nos. of KVP and 2 LICI polices as a co-lateral securities before the OP companies that there after the OP company disbursed to loan amount to the complaint in the three installments i.e

1.  Date-14/06/1999  Rs. 55,000/-.
2. Date- 17/06/1999  Rs. 50,000/-.
3. Date-30/06/1999  Rs. 55,000/-.
4. Total          Rs. 1,60,000/-.

 

On condition that the entire amount should be paid in 18, quarterly installment and the complaint paid first two quarterly installment was Rs. 8,500/- and remaining quarterly installment was 9,250/- and the entire loan amount along with paid and adjust by cash and from the certificate of  15 Nos one LICI policy.

            It is admitted fact that OP Company claimed Rs. 20,000/- with interest to the complaint although complaint paid his dues loan amount along with interest entire, later complaint also paid Rs. 10,000/- on 19/07/2017 and 20,000/- on 31/08/2017.  And the OP issued no dues certificate realization of loan amount entirely in favor of the complaint. But Op failed to provide one LICI certificate in the name of Probir Kr. Dutta to the complainant. The said LICI policy certificate is till kept and preserve in the custody of the OP office.

            It is further admitted fact that on 20/06/20218 the OP concerned send a statement where they claimed of Rs. 1, 70,786.75/- from the complaint such claim was entirely illegal.

            That thereafter the complainant repeatedly requested to the OP to get back the LICI policy certificate but all are in vain. Although in spite of rendering proper service to its Consumer/Customer showed sheer negligence and deficiency of the services. In their activities. The complainant has failed to get his genuine LICI certificate which is till kept and preserve in the custody of the OP. The policy has been matured now valued at Rs. 99,5000/- that on 20/03/2019 complaint sent a legal notice and further after having no other alternative has come to the Forum/Commission for proper reliefs.

            The cause of action gradually arise on and from 20/09/2017 when the OP issued no dues certificate and refused the LICI certificate.

            So the present CC case No. 57/2019 is not bared by limitation.

            Considering over all matter into consideration and materials on record we are considered to hold the complainant has been able to prove his case and he is entitled to get original policy document being policy No. 460722581 or pay the released amount which he received from LIC by encashment in any along with interest of 5% per annum from 20/09/2017 to till realization.

Thus, both the points are decided in favour of the complainant. Case succeed.

Proper fees have been paid.

                                    Hence, it is,    

                                    O R D E R E D,

that the instant C.F Case No. CC/57/2019 be and same is allowed exparte against the opposite party in part with cost Rs. 2000/-.

The OP is hereby directed either to handover the original policy document being policy No. 460722581 or pay the realized amount which he received form LICI by encashment if any. In case, if the policy has already been enchased by the OP then the OP shall be liable to pay 5% interest per annum on the received amount to the complainant. The OP is also directed to pay Rs. 5000/- as compensation for mental harassment and deficiency in service.

The OP shall comply this order within 30 days from the date of this order failing which the complainant shall be at liberty to execute the order as per Law and procedure of C.P Act 2019.

Let a copy of this final order be given/handed over to the Petitioner and to all the Op separately by post free of cost at once.

The instant case is thus disposed of.