Compensation Increased for Delayed Unit Certificate Delivery, Deficiency in Service

The case involved a delay in the delivery of unit certificates, leading to a deficiency in service. The District Forum found the delay to be a deficiency in service and awarded Rs. 500 as costs, which the appellant found inadequate. Upon appeal, the Commission acknowledged the delay and deficiency, increasing the compensation amount to Rs. 5,000 due to the period of delay, expenses, and harassment suffered by the complainant. The respondent was directed to pay the balance amount of Rs. 4,500 within six weeks, with potential legal action if not complied with.

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Issues: Delay in delivery of unit certificates, Deficiency in service, Compensation amount

Delay in delivery of unit certificates:
The case involved joint holders of GMIS 89 Unit Certificates who applied for converting them into UTI Master Gain 1992 Certificates. Despite repeated requests, the certificates were not received until after the death of one of the holders. The appellant argued that the delay caused financial loss as the certificates were tradeable and market price had risen to Rs. 15 per unit at one point. The opposite party claimed the delay was due to misplacement of the application, but the scheme was Capital Growth oriented, and no financial loss was incurred by the applicant. The District Forum found the delay to be a deficiency in service but awarded only Rs. 500 as costs, which the appellant found inadequate.

Deficiency in service:
The District Forum recognized the delay in delivering the unit certificates as a deficiency in service, even though the scheme was Capital Growth oriented and no financial loss was proven by the complainant. The forum awarded Rs. 500 as compensation, which the appellant deemed insufficient considering the circumstances, expenses, and harassment suffered. The delay was attributed to the misplacement of the application by the opposite party, leading to the failure to issue the certificates promptly.

Compensation amount:
Upon appeal, the Commission acknowledged the delay in delivering the unit certificates and the deficiency in service by the opposite party. Despite the market fluctuations and the speculative nature of assuming the profit from selling the units at Rs. 15 per unit, the Commission found the awarded amount of Rs. 500 inadequate. Considering the period of delay, expenses, and harassment suffered by the complainant, the Commission raised the compensation amount to Rs. 5,000. The respondent was directed to pay the balance amount of Rs. 4,500 within six weeks, failing which action under section 27 would be taken, and copies of the order were to be communicated to both parties and the District Forum-I.

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