FINAL ORDER / JUDGEMENT

In epitome complainant’s case arose from grievances due to deficiency of services from Sahara Q. Shop Unique Products Range Ltd. The complainant pledged to withdraw an amount of Rs. 1,01,750 after maturity claim against different certificates(details of those certificates have been enlisted in the petition of the complainant). However, even after repeated requests and applications by the complainant, the opp. Party either intentionally refused or failed to pay the amount to the complainant, citing various vague excuses. The opp. Party, did not issue any maturity certificate against their product. Despite banking rules of assurance of compensation in case of delay, the opp. party turned a deaf ear to the complainant’s demands. As a result, a total amount of Rs. 1, 16,750 (fund value-Rs.1,01,750, damages- Rs. 10,000 and Cost-Rs. 5000) stands payable to the complainant. An accusation of extortion of money and  harassment has been made against the opp party by the complainant and ultimately complainant initiated the instant case. The cause of action of the case arose on and from 6.8.2018 and lastly on 30.11.2018. Finally complainant has prayed for direction upon the opp. party to forthwith release the said amount with interest in favour of the complainant coupled with prayers for granting an amount of Rs. 10,000/- towards compensation and a sum of Rs. 5000/- towards cost or proceedings.

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove this case complainant has filed evidence on affidavit whioch appears to be a replica of the contents of petition of the complainant. It may be noted that complainant also furnished photocopies of some documents which clearly speak a volume in support of complainant’s case.

               Considering the materials on record, and attending facts and circumstances of the case, we are of the view, that there is nothing to disbelieve the unchallenged testimony of this case. So, it can safely be said that complainant has succeed in proving his case. And he is entitled to have the relief as sought for.

              Hence,

                            It is,

                                          ORDERED

That the instant case no. 93/2019 is allowed exparte with cost against the O.P.

         O.P. is categorically directed to pay complainant the entire claimed amount of Rs. 1,16,750/- (which includes fund value-Rs. 1,01,750, damages- Rs. 10,000 and Cost-Rs. 5000) towards redemption value of the deposits of the complainant within 45 days from the date of this order failing which O.P. is liable to pay simple interest @ 6% p.a. from the date of filing of this case till payment in full.

         O.P. is further directed to pay a sum of Rs. 5000 towards litigation cost within 45 days from the date of order failing which complainant will be at liberty to initiate execution proceeding for realizing the principle amount, interest, damages, cost and litigation cost.

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

 Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.                   

                                 Babita Chaudhuri         Sankar Kumar Ghosh

                                         Member                            President

                                 D.C.D.R.C., Howrah          D.C.D.R.C., Howrah