F I N A L O R D E R
This is an application under section 35 of C. P. Act, 2019 filed by the complainant/petitioner, Saket Agarwal against the Opposite Parties named above alleging the deficiency in service on the part of the Opposite Parties and praying for refund of total global advance money amounting to Rs.5,000/- only, compensation amount of Rs.50,000/- for mental harassment and Litigation Cost of Rs.20,000/-.
Facts of the case of the complainant, in short, are:-
That this complainant, Saket Agarwal invested a sum of Rs.5,000/- only into the company of the Opposite Parties for buying complete range of goods chosen from the available brochures of the Opposite Parties within the plan period of 6 years and got one Certificate Vide No. 893001202427, Receipt No. 573002077398, Customer ID No. 815853003304 dated 19/10/2013 but Opposite Parties unable to deliver any goods/products as per their specification of said Certificate.
Therefore, after expiry of after expiry of said plan period of 6 years complainant went to deposit her all the original papers and documents including said Certificate to the Opposite Party No. 1 but he did not receive the same and assured the complainant that after few months they will call the complainant for issuing cheque. But, day after day passed, Opposite Parties by mal-activities harassed the complainant.
After that complainant sent Notice to the OPs through post on 16-08-2021.
Under the above circumstances, the complainant compelled to file this case before this Ld. Commission and praying for refund of total global advance money amount of Rs.5,000/- only as per said Certificate with simple rate of interest, compensation amount of Rs.50,000/- for mental harassment and Litigation Cost of Rs.20,000/-.
Notice of this case was duly served upon the OPs. But, OPs did not appear for which this case was ordered to be heard ex-parte against all the OPs.
POINT FOR DECISION
Is complainant entitled to get relief as prayed for?
DECISION WITH REASONS
In support of his case the complainant filed Written Examination-in-Chief supported by an affidavit in evidence and he has also filed all relevant documents in support of his case.
We have gone through the said evidence of the complainant and the documents filed by the complainant.
It appears that in his evidence, the complainant has fully corroborated his case of the petition of complainant and the documents filed by him also lend support to the case of the complainant.
Moreover, not contesting by the OPs in the case, proved the case of the complainant otherwise as all the above oral and documentary evidence went unchallenged and there is nothing to disbelieve the case of the complainant, which proved ex-parte against the OPs.
In view of the above discussions and findings the case succeeds.
Hence, it is
O R D E R E D
That Complaint Case No. 204 of 2021 be and the same is allowed ex-parte against the OPs with costs.
The complainant/petitioner is entitled to get relief as prayed for. OPs are hereby directed to refund the total global advance money in favour of the complainant amount of Rs.5,000/- with simple interest @ 6% per annum from the date of investment of such respective certificate till realization in full.
The OPs are further directed to pay Rs.2,000/- (Rupees two thousand) only in favour of the complainant as compensation and also to pay Rs.1,000/- (Rupees one thousand) only as cost of proceeding within 30 (thirty) days from the date of this order.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of cost.
Dictated & Corrected by me
(Mrs. Babita Chaudhuri)
Member, D.C.D.R.C., Howrah
(Mrs. Babita Chaudhuri) (Mr. Sankar Kumar Ghosh)
Member, DCDRC President, DCDRC
Howrah Howrah
