Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :29.11.2019
Date of Disposal of the case :30.05.2024
Final Order / Judgment dtd.30.05.2024
The concise fact of the case of the complainant is that the complainant
(2)
CC/375/2019
deposited a sum of Rs.15,000/- with the OP towards fixed investment vide certificate no. 562003990278 on 13.12.2012 date of maturity 13.12.2018 and maturity value is 35,315/-. After depositing Rs.15,000/- in the Q Shop Scheme at the office of OP No.1 Franchise Guardian ( Amal Kumar Dawn) Bethuadahari , the OP No.1 gave a Q Shop Certificate to the complainant. After expiry of the maturity date of 6 years, the complainant demanded the maturity money from the OP No.1. Then the complainant went to the office of OP No.1 on 20.03.2019 but the OP No.1 expressed that they are unable to give the maturity money. So, the complainant sent a legal notice through his advocate on 19.06.2019 with a request to refund the maturity money. But the OP No.1 did not respond. So the present case is filed. The cause of action arose on 19.06.2019 and thereafter, everyday till the filing of this case. The complainant , therefore, prayed for an award for Rs.35,315/- together with interest, Rs.20,000/- towards loss and damages and mental agony and Rs.10,000/- towards litigation cost.
Notice of this case was served upon and the OPs of Sahara Q Shop of Sahara India Parivar . Accordingly, the case is heard ex-parte against the OPs.
The complainant in order to substantiate the case adduced oral evidence in the form of affidavit in chief by the complainant Firoj Seikh . The complainant proved the original fixed deposit certificate with OP company bearing certificate no.562003990278 as annexure-1.
Annexure-2 is the letter to franchise guardian by advocate Makbul Rahaman dated 19.06.2019.
The entire oral and documentary evidence of the complainant stands unchallenged and undiscarded.
The complainant categorically stated in evidence that he deposited a sum of Rs.15,000/- with the OP company which was matured on 13.12.2018 with maturity value for Rs.35,315/-. Despite demanding the maturity money the OP did not pay the said money to the complainant.
The OP could not lead any evidence to discard the positive evidence of the complainant.
So, having assessed the entire oral and documentary unchallenged and unrebutted evidence of the complainant the Commission comes to the finding that the complainant successfully proved the case against the OP upto the hilt.
Accordingly, the complaint case succeeds ex-parte against the OPs with cost.
(3)
CC/375/2019
Hence,
It is
Ordered
that the complaint case no.CC/375/2019 be and the same is allowed ex-parte against all the OPs with cost of Rs.10,000/- (Rupees ten thousand). The complainant do get an award for a sum of Rs.35,315/- (Rupees thirty five thousand three hundred fifteen), Rs.20,000/- towards harassment and mental pain and agony and Rs.10,000/- (Rupees ten thousand) towards litigation cost. The OPs are jointly and severally directed to pay Rs.60,315/- (Rupees sixty thousand three hundred fifteen) together with interest @12% p.a to the complainant with usual banking interest of 12 % p.a within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @12% p.a from the date of passing the award till the date of its realisation.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
(SHRI NIROD BARAN ROY CHOWDHURY)
