Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case                :31.05.2019

Date of Disposal  of the case         : 13.10.2022

Final Order / Judgment dtd.13.10.2022

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs. 84,900/-  interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited a sum of Rs.  53,063/-  in  one    phase before the office of OP no.1 under SAHARA Q GOLD MART LIMITED scheme and one  document was  prepared by OP no.1 to that effect and handed over the same to him.

But after maturity date OP no.1 expressed that he is unable to give the maturity value.

Thereafter he served a notice to the OP no.1 through his Ld. Adv. and copy of the same also been sent to OP no. 2-4 but he did not get any fruitful result. Hence he lodged this complaint before this Commission  praying for appropriate relief and redressal.

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original documents including the deposit certificate relating to aforesaid deposit dtds. 11.06.2012 vide no. 092000083040.

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of these documents appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 11.06.2012 he deposited Rs. 53,063/-(fifty three thousand sixty three) before the office of OP no.1 in the SAHARA Q GOLD MART LIMITED and after lapse of maturity date i.e 11.06.2017 he wanted the maturity value but OP no. 1 expressed his inability to refund the matured value.

During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice dtd. 06.05.2019 under Speed Post to the  OP no. 1  requesting  him to repay the maturity value  of the said deposit  and copy of the same also been sent to OP no. 2 to 4 but those notice  did not  return before him within a reasonable  period  which compelled him to believe that those notices  have been properly served upon aforesaid OPs.

We also find from the documents on record that OP no.1 is the representative of OP no. 2-4. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 06.05.2019  and complainant has filed this case on 31.05.2019 i.e within the period of limitation.

As per the aforesaid certificate tenure of scheme is 5 years and after 5 years i.e on 11.06.2017 complainant is entitled  to 30 gms gold or value of 30 gms on 11.06 2017. Complainant produced net  copy of value of gold after down loading the same from the website of G        old Price India which indicates the lowest value of 10 gm gold on 30.06.2017 is  Rs. 28,444/-. I do not find any reason to disbelieve the said document. So complainant is entitled to Rs. 28,444/-x3= Rs.85,332/- (Eithty five thousand three hundred  thirty two)

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the maturity value of aforesaid scheme to the complainant.

So we are  of the further view that complainant  has able to establish his grievance against the OPs before this Commission which amount to deficiency  of services on the part of OPs under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the   same is allowed ex-parte against the OPs With cost.

That  the  OPs no 1-4 jointly or severally are hereby directed to refund the maturity value of the aforesaid scheme  amounting to  Rs. 85,332/-(eighty five thousand thirty three hundred thirty two ) along with further  interests @ 9 % per annum from the date of maturity of the said scheme  i.e from 11.06.2017  to till the actual  date of repayment to the complainant.

OP no. 1-4 are further directed to pay compensation amounting

Rs.3, 000/-  to the complainant for  his  harassment, mental pain and agony.

OP no. 1-4  are further directed to pay Rs.3,000/- as litigation cost to the Complainant.

OPno.1-4 are further directed to pay aforesaid awarded amount within 30 days from the date of order to the complainant,  failing which complainant shall have liberty to put this order into execution.

Let a plain copy to this final order be supplied to the complainant free of cost.