IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAMBALPUR
CONSUMER COMPLAINT NO.413 OF 2007
Bishnu Prasad Rakshit,
S/O. Late Judhistir Rakshit,
Proprietor, Bharat Books Emporium,
15, Red Cross Market Complex,
Burla, Sambalpur- 768 017. …….. Complainant.
Vrs.
The Branch Manager,
The Peerless General Finance &
Investment Co. Ltd., Rourkela Branch,
New Market, Main Road,
Rourkela- 769 001, Sundergarh. …….. Opp.Party.
For Complainant : Shri M.K.Dass, Shri N.K.Pattanayak &
Shri K.Jena, Advocates.
For O.P. : None.
DATE OF ORDER : 18.04.2009
P R E S E N T :
SHRI A.K.PUROHIT, PRESIDENT
A N D
SHRI T.JAYAPURIA, MEMBER.
: O R D E R :
SHR T.JAYAPURIA, MEMBER: The case has been filed showing deficiency in service on then part of the O.P. Brief fact of the case is that the complainant has been issued with a certificate by the O.P.Company bearing No.A4792309 for Rs.2,790/-. The certificate has already been matured. On checking the investment ledger, the O.P. asked the complainant to produce all original papers and complete documents to the Branch Manager, Peerless General Finance & Investment Co. Ltd., Rourkela(O.P.) and accordingly, the complainant has deposited the same. In the subsequent communications made by the O.P. to the complainant, the address of the complainant has been written wrongly/defective. The complainant has also written to the O.P. and even through his Advocate to make correspondence in the right address that is Bharat Books Emporium instead of Bharel Books Emporium. But the O.P. is always making the mistake mentioning Bharel Books Emporium instead of Bharat Books Emporium. In spite of all efforts of the complainant, the O.P. never takes any action in this regard and the maturity amount is yet to be received by him from the O.P. Hence the complainant filed this case with prayer to direct the O.P. to pay the maturity amount with 18 per cent interest and a sum of Rs.1,000/- towards cost of the proceeding and Rs.1,000/- towards compensation.
2. The O.P. was noticed sufficiently but in spite of that the O.P. did not appear to contest the proceeding hence was set ex parte.
3. Heard the complainant and perused the documents and materials available on record. It is seen from the available documents that correspondences have been made by the complainant with the O.P. in order to send the communication in correct address and also the reply to the Advocate’s notice, the O.P. has indicated in his corresponding letter itself to send the original certificate of the client for causing payment by the O.P. But in the petition itself it is averred by the complainant that the original certificate has been submitted to the O.P. but despite that the maturity dues has not yet been paid by the O.P. which amounts to clear deficiency in service on the part of the O.P. and caused loss and sufferings to the complainant. Hence order:
The complaint petition is allowed. The O.P. is directed to pay the
maturity value of the certificate amounting to Rs.2,790/- (Rupees-
- Two thousand seven hundred ninety) to the complainant with
interest at the rate of 12 per cent within one month from the
date of receipt of this order along with a sum of Rs.500/-
(Rupees Five hundred) towards cost of the proceeding in his correct
address mentioned in the petition.
The case is disposed of accordingly.
T.JAYAPURIA
MEMBER.
SHRI A.K.PUROHIT, PRESIDENT. I agree.
Dictated and corrected by me.
MEMBER.