Ld. Advocate(s)
For Complainant .. Mokbul Rahaman
For OP/OPs ..Md. Sayem.
Date of Filing : 03.07.2019
Date of Disposal: 11.03.2022
: FINAL ORDER dtd. 11.03.2022
An application has been filed by the complainant u/s 12 of the C.P. Act 1986 alleging deficiency in service against the OPs for non payment of the maturity amount of deposit under Q Shop Scheme being certificate No: 562010754859 amounting to Rs.28,016/ as on 21.07.2018/- and certificate No: 562009588012 amounting to Rs. 40,745/ as on 15.09.2018 , totalling Rs. 68,761/ along with up to date interest as prayed in the petition of the complaint.
The complainant further claimed Rs 1,00,000/- as compensation due to mental pain, agony and harassment etc and litigation cost of Rs. 50,000/.
The brief fact of the case of the complainant is that the complainant deposited a sum of Rs11,900 and Rs. 17,450/ with the O.P No:1, which is one of the branch of the O.Ps, under a ‘Sahara Q Shop Plan – H’ scheme, on 21.07.2012 and 15.09.2012 respectively, being certificate No: 562010754859 and 562009588012 for a period of 6 years which has a redemption value of Rs. 28,016 as on 21.07.2018 & Rs. 40,745/ as on 15.09.2018 respectively i.e on the date of maturity.
The Complainant made such investment under Sahara Q Shop deposit Scheme of the O.Ps for 06 years and the OPs Company duly issued two certificates as mentioned above. The dates of the maturity of the said two certificates were on 21.07.2018 & 15.09.2018.
It is the contention of the complainant that after the expiry of the maturity dates the complainant demanded for the said maturity amount to the OP No.1 and it is alleged by the complainant that OP no.1 on 18.12.2018 expressed inability to pay maturity amount to the complainant and thereafter, the complainant sent advocate notice to the OP No.1 on 07.05.2019. But even after that the OP No.1 did not pay the maturity benefit to the complainant in respect of the said certificates.
Finding no other alternative, the complainant is constrained to file this complaint before this District Forum (now District Commission) for proper redressal.
The complainant along with his complaint petition filed the following documents:-
- Copy of Certificate No. : 562010754859 & 562009588012
2. Copy of Advocate letter dated 07.05. 2019.
Notices were sent to the OPs. It appears from the order No. 03 dated 22.08.2019 that notice of O.P No:1 had been returned with an endorsement “ refused” and the Forum considered it as good service. Further, it appears from the order No:04, dated 14.11.2019 that the notices were delivered upon the remaining O.Ps, but as all the O.Ps despite receiving notices did not turn up before the Forum and the Forum by its order dated 14.11.2019 decided to proceed with the case Ex-parte against all the O.Ps.
Further, it appears from the order No: 06 dated 03.03.2020 that O.P No:2 appeared in the case through his Ld. Advocate and filed a petition praying for vacating ex-parte order and the Forum considered his prayer and directed that the petition would be considered on payment of cost of Rs.40,000/, out of which Rs.20,000/ to be paid to the Complainant and the balance of Rs.20,000/ to be deposited to the Consumer Welfare Fund. It is further reflected from the order sheets that the O.P No:2 did not pay the cost despite the Forum gave several opportunities and as a result of which the case has been proceed ex-parte against all the O.Ps.
During hearing, the complainant filed written affidavit-in-chief and submitted the original documents as mentioned above by making annexure in order to prove the case. He also filed written argument or B.N.A.
From the complaint petition, evidence adduced by the complainant, following points have been framed:-
1. Is the complainant a consumer?
2. Are the OPs deficient in providing service?
3. Is the complainant entitled to get any relief as per prayed for?
Decision with reasons
All the points have taken up together for the sake of brevity and avoidance of repetition of facts.
It is seen from the evidence of the complainant and other materials on record that the complainant invested or deposited under Q Shop Scheme of the O.Ps, being certificate No: 562010754859 amounting to Rs.28,016/ as on 21.07.2018/- and certificate No: 562009588012 amounting to Rs. 40,745/ as on 15.09.2018 , totalling Rs. 68,761/ with the OP No. 1 and the OP No. 1 accepted the said amount and the O.Ps Company issued the certificates as noted above. .Such deposits were made for 06 years only.
Therefore, in our view the complainant is a consumer under OPs as per definition given U/S 2(1) (d) of the C.P Act 1986 and the O.Ps were the service providers of the complainant as per definition of U/S 2(o) C.P Act 1986.
Now, in order to ascertain, whether the OPs were deficient or not we have to consider the evidence of the complaint once again.
It is evident from the evidence of the complaint that the complainant invested/deposited under Q Shop Scheme of the O.Ps, being certificate No: 562010754859 amounting to Rs.28,016/ as on 21.07.2018/- and certificate No: 562009588012 amounting to Rs. 40,745/ as on 15.09.2018 , totalling Rs. 68,761/ to the OP No. 1 and OPs Company issued certificates as noted above which transpires that the redemption amount of the two deposits were of Rs. 28,016 as on 21.07.2018 & Rs. 40,745/ as on 15.09.2018, respectively total amount of Rs. 68,761/ and the maturity dates were as mentioned above. The OP No:1 did not pay back the maturity amounts against the two certificates as aforesaid even after making demand and sending advocate letter. The O.P No. 2, 3 and 4 are the Regional Manager, Chief Manager and Managing Director of the same company.
In our view, of all the OPs are deficient in service for non disbursing the maturity amount of Rs.68,761/ to the complainant. And the Complainant is entitled to get relief as prayed for but in part.
In order to ascertain the quantum of compensation and litigation cost we think that an amount of Rs. 15,000/-as compensation and Rs.5,000/- as cost of the proceeding are appropriate and just in order to mitigate the loss suffered by the complainant. Therefore, we award such amount as compensation and litigation cost.
The unchallenged testimony of the complainant proves his case.
All the points go in favour of the complainant.
It is to be mentioned here that the instant case was filed under provision of CP Act 1986 and the case was proceeded under the said Act.
Hence, it is
O R D E R E D,
That the Consumer Complaint, being No: CC/214/2019 is allowed ex-parte but in part.
All the OPs are hereby jointly and severally directed to pay the maturity amount in respect of certificate No: 562010754859 amounting to Rs.28,016/ and certificate No: 562009588012 amounting to Rs. 40,745/, totalling Rs. 68,761/ to the complainant along with up to date interest @ 8% p.a( which shall be calculated from the each date of maturity upto 45 days more from this day) within 45 days from the date of this order.
In default, such accumulated amount shall carry an interest @ 8% p.a. ( which shall be calculated after 45 days since the date of order till realisation).
All the OPs are further jointly and severally directed to pay compensation of Rs.15,000/- and litigation of Rs.5,000/- to the complainant within the aforesaid period of 45 days.
In default the Complainant is at liberty to file an Execution Application for enforcement of the final order before this District Commission as per provisions of law.
Let a free copy be given to the parties concerned as per provision of C.P.R,2005.
