Ld. Advocate(s)

                For Complainant ... Mokbul Rahaman.

                For OP/OPs                    …None.

Date of Filing     : 03.06.2019

Date of Disposal: 08.04.2022

: FINAL ORDER  dtd. 08.04.2022

      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 deposits under Q Shop Scheme being 1. certificate No: 562009605831 amounting to Rs.28,483/ as on 28.06.2018 and 2. Certificate No: 562009605922 amounting to Rs. 28,483/, as on 29.06.2018 totalling Rs. 56,966/ along with up to date interest as prayed in the petition of the complaint.

      The complainant further claimed Rs 50,000/- 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 Rs.12,100/( Rupees twelve thousand one hundred  only) on 28.06.2012 and further Rs. 12,100/( Rupees twelve thousand one hundred only) on 29.06.2012 with the O.P No:1, which is one of the branch of the O.Ps, under a ‘Sahara Q Shop Plan – H’ scheme, being certificates No: 562009605831 and : 562009605922 respectively for a period of 6 years which have  redemption value of Rs. 28,483/ each as on 28.06.2018 and 29.06.2018 respectively.  

      The Complainant made such investments 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 28.06.2018 & 29.06.2018 respectively.

      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 20.02.2019 expressed inability to pay the maturity amount to the complainant and thereafter, the complainant sent advocate notice to the OP No.1 on 23.04.2019. 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:-

1. Copy of Certificates No. : 562009605831 and : 562009605922

2.  Copy of Advocate letter dated 23.04.2019.

Notices were sent to the OPs.

       It appears from Order No. 03 dated 20.08.2019 that the OP No. 1 refused to take notice and therefore, the Forum decided to proceed with the case ex-parte against OP No. 1.

       Further, from Order No. 04 dated 21.10.2019, it transpires that O.P No. 2 entered appearance by filing V/Nama and prays for time for filing W/V on the next date fixed .

      The Forum allowed his prayer and fixed 10.12.2019 for filing W/V by O.P No:2 and  S/R and appearance of O.P No: 3 &4.

       Further, it appears from Order No: 05 dtd. 10.12.2019 that complainant had filed the T/R and the Forum considered that the notices upon the OP no. 3&4 had been duly served, but despite of such no W/V had been filed by OP no. 3&4 and therefore the Forum decided to proceed with the case Ex-parte against all the OPs.

      Again, it is seen from Order. No. 06 dtd 20.01.2020 that O.P No. 2 filed one petition praying for vacating the ex-parte order and the complainant raised objection and submitted that W/V could be accepted  subject to  payment of cost of Rs.30,000/- and Forum gave an opportunity to OP No. 2 to pay cost as well as  for filing W/V, in default of which the  matter shall run ex-parte.

       Despite giving such an order the O.P No:2  did not avail of the opportunity and did not comply the order and no cost had been paid  by him and therefore, the Forum again fixed the case ex-parte hearing .

 The argument was heard by erstwhile member of the bench but no final order was prepared/ passed. 

  As the bench has been reconstituted by joining new member and subsequently the President the matter was fixed for argument afresh.

      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 Rs.12,100/ on 28.06.2012 under Q Shop Scheme of the O.Ps, being certificate No: 562009605831 and the redemption value of that certificate was Rs.28483/ as on 28.06.2018/- . Again he deposited Rs.12,100/ on 29.06.2012 under the same scheme of the O.Ps, being certificate No: 562009605922 and the redemption value of that certificate was Rs. 28,483/and the OP No.1 accepted the said amounts 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 Rs.12,100/ on 28.06.2012 under Q Shop Scheme of the O.Ps, being certificate No: 562009605831 and the redemption value of that certificate was Rs.28483/ as on 28.06.2018/- . Again he deposited Rs.12,100/ on 29.06.2012 under the same scheme of the O.Ps, being certificate No: 562009605922 and the redemption value of that certificate was Rs. 28,483/, total  redemption value was Rs. 56,966/and the OP No.1 accepted the said amounts and the O.Ps Company issued the certificates as noted above. Such deposits were made for 06 years only.

       The OP No:1 did not pay back the maturity amount against the two certificates as aforesaid even after making demand and sending advocate’s 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.56,966/ 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. 3,000/-as compensation and Rs.3,000/- 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/122/2019 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: 562009605831, amounting to Rs. 28,483/ and certificate No: 562009605922 amounting to Rs.28,483/, totalling Rs. 56,966/ to the complainant  along with up to date interest @ 10%p.a( which shall be calculated from the 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 Rs3,000/- and litigation of Rs.3,000/- 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.