Mrs. Babita Chaudhuri, Honorable Member -  This is an application under section 35 of C. P. Act, 2019 filed by the complainant/petitioner, Shiv Kumari Jaiswal against the Opposite Parties named above alleging the deficiency in service on the part of the OPs.

Facts of the case of the complainant, in short, are:-

That  the complainant, namely, Shiv Kumari Jaiswal invested into the company of the Opposite Parties under Q Shop Scheme and got a Certificate Vide No.893001512010, Receipt No.573002570918, Customer ID No.815853003681 form the Opposite Parties on 27/11/2013. As per said Certificate the complainant paid total Global advance money of said certificate amount of   Rs.37,000/- only  for buying complete range of goods chosen from the available brochures of the OPs within plan period of 6(six) years and the Ops at that time issued a certificate in favour of the    complainant.

That the Ops during the plan period or after expiry of said plan period i.e. after 6 years Opposite Parties did not delivered any goods/products as per their specification of said certificate. After expiry of said plan period i.e. 6(six) years the complainant  deposited her all the original papers and documents including said Certificate to the OP No.1 and OP No. 1 did not receive the same but assured the complainant that after few months later they will issue a cheque in her favour.  But, time passed away, Opposite Parties by mal-activities harassed the complainant.

After that complainant sent notice to the OPs through post on 16-11-2021.

            But the O.ps. after received the letter neither gave any reply.

Under the above circumstances, the complainant compelled to file this case before this Ld. Commission and praying for refund of total global advance money amounting to Rs.37,000/- only of the said  Certificate in favour of the complainant, compensation amounting to Rs.1,00,000/- for mental harassment and Litigation Cost of Rs.40,000/-.

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 the OPs.

POINT FOR DECISION

Is complainant entitled to get relief as prayed for?

DECISION WITH REASONS

            In support of her case the complainant filed Written Examination-in-Chief supported by an affidavit in evidence and she has also filed all relevant documents in support of her case.

COMPLAINT CASE NO. CC/237/2021

            We have gone through the said evidence of the complainant and the documents filed by the complainant.

It appears that in her evidence, the complainant has fully corroborated her case of the petition of complainant and the documents filed by her 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. 237 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 amount of Rs. 37,000/- of said Certificate in favour of the complainant with simple interest @ 6% per annum from the date of investment of said certificate till realization in full amount.

The OPs are further directed to pay Rs.10,000/- (Rupees ten thousand) only in favour of the complainant as compensation and also to pay Rs.5,000/- (Rupees five 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