Sri Ashoke Kumar Pal, Hon’ble President.
The matrix of the instant complainant case in a nut shell is that the complainant purchased a certificate being No : 925010627528 on 20.03.2019 for a sum of Rs. 91,000/- (Rupees ninety one thousand) only from the OP. The maturity date of the said certificate was on 20.09.2020 and the maturity amount of Rs. 1,04,377/- (Rupees one lakh four thousand three hundred seventy seven) only. After the date of maturity the complainant went to the Office of the OP for getting the maturity amount but the OP did not pay anything to the complainant without any rhyme or reason. Having no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, S-24 Pgs, Regional Office at Baruipur to solve the problem through mediation but ultimately no fruitful result was achieved and hence this case.
The OP despite receiving of the notice of this case did not turn up to contest this case by filing W/V and as such by order No. 4 dated 25.04.2024 the instant complaint case proceeded ex-parte against both the OP.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the case record along with documents, it appears that the complainant purchased a certificate from the OP being Certificate No: 925010627528 on 20.03.2019 for a sum of Rs. 91,000/- (Rupees ninety one thousand) only. The maturity date of the certificate was 20.09.2020 and the maturity amount was Rs. 1,04,377/- (Rupees one lakh four thousand three hundred seventy seven) only. Therefore, the complainant is a consumer as defined in Section 2(7) of the Protection Act, 2019.
As such, the 1st point is decided in favour of the complainant and against the OP.
Point Nos: 2 & 3:
Both the Points Nos. 2 & 3 are taken up together for consideration for the sake of convenience and as they are interlinked.
The complainant on 20.03.2019 purchased a certificate being No: 925010627528 for a sum of Rs. 91,000/- (Rupees ninety one thousand) only from the OP. The maturity date of the said certificate was 20.09.2020 and the maturity amount was Rs. 1,04,377/- (Rupees one lakh four thousand three hundred seventy seven) only. After maturity of the said certificate the complainant went to the Office of the OP to collect the maturity amount, the OP failed and neglected to pay the maturity amount without any rhyme and reason. Having no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, S-24 Parganas, Regional Office at Baruipur. But ultimately no fruitful result was achieved. As such it appears that the assurances of the OP to give the maturity amount after the date of maturity was not complied with. Therefore, it is crystal clear that the OP adopted unfair trade practice and there is deficiency in service on the part of the OP for which the complainant suffered mental pain and agony, harassment and huge financial loss. Therefore, it is clear that the complainant is very much entitled to get the reliefs as prayed for in the petition of complaint. As the O.P. failed and neglected to pay the maturity amount to the complainant, the instant case has been filed on the relief sought for in the petition of complaint.
As such, the Points 2 & 3 are also decided in favour of the complainant and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant case be and the same is allowed ex-parte against the OP with cost of Rs. 5,000/- (Rupees five thousand) only.
That the OP is liable and is directed to pay the maturity amount of Rs. 1,04,377/- (Rupees one lakh four thousand three hundred seventy seven) only with simple interest @ 10% p.a. w.e.f. 20.09.2020 (Date of Maturity) till the date of final realization of the same, within 45 days from the date of passing this order.
That the OP is liable and is directed to pay compensation to the tune of Rs. 5,000/- (Rupees five thousand) only for deficiency in service, mental pain and agony and harassment suffered by the complainant within 45 days from the date of passing this order i.d. it will carry simple interest @ 10% p.a. after the expiry of 45 days from the date of this order till the date of final realization of the same.
That the OP is liable and is directed to pay the litigation cost of Rs. 5,000/- (Rupees five thousand) only as aforesaid within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
President
[ SHRI ASHOKE KUMAR PAL]
PRESIDENT
[ SMT. SHAMPA GHOSH ]
MEMBER
DISSENT ORDER
That the instant case be and the same is allowed ex-parte against the OP with cost of Rs. 5,000/- (Rupees five thousand) only.
That the OP is liable and is directed to pay the maturity amount of Rs. 1,04,377/- (Rupees one lakh four thousand three hundred seventy seven) only with simple interest @ 10% p.a. w.e.f. 20.09.2020 (Date of Maturity) till the date of final realization of the same, within 45 days from the date of passing this order.
That the OP is liable and is directed to pay the litigation cost of Rs. 5,000/- (Rupees five thousand) only as aforesaid within 45 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order.
[ SHRI PARTHA KUMAR BASU ]
MEMBER
