Mr. Sankar Kumar Ghosh, President ─ This consumer complaint under section 35 of C.P. Act, 2019 has been filed by the complainant Seema Agarwal against the OPs named above alleging deficiency in service on the part of the OPs.
Complainant’s case, in brief, is as follows: -
That the complainant, Sangeeta Agarwal invested a sum of Rs.70,000/- only into the company of the Opposite Parties and got 4(four) Certificates Vide (1) No. 893000049540, Receipt No. 573000334259, Customer ID. 815853002637 dated 03-08-2013, (2) No. 893001511723, Receipt No. 573002077466, Customer ID. 815853003402 dated 31-10-2013, (3) No. 893001635548, Receipt No. 573002571528, Customer ID. 815853004109 dated 14-12-2013 and (4) No. 893002206286, Receipt No. 573003238503, Customer ID. 815853004545 dated 28-12-2013 for buying complete range of goods chosen from the available brochures of the OPs within plan period of 6(six) years but OPs were 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 seven Certificates 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 letters to the OPs through post on 11-03-2020. But after receiving such letters, OPs did not take any steps till today regarding payment to the complainant against the said seven certificates.
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.70,000/- only as per said four Certificates with simple rate of interest, compensation amounting to Rs.1,00,000/- for mental harassment and Litigation Cost of Rs.30,000/-.
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 the complainant entitled to get reliefs as prayed for?
DECISION WITH REASONS
To prove her case, the complainant has tendered her written examination-in-chief supported by affidavit in evidence and she has also filed all relevant documents in support of her case.
We have gone through the said evidence of the complainant and the documents filed by her in connection with her Fixed Deposit Certificate.
It appears that in her evidence, the complainant has fully corroborated her case as incorporated in the petition of complaint and the documents filed by her also lent support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her, remaining un-challenged, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.
Hence, it is
O R D E R E D
That the Complaint Case No. 149 of 2020 is allowed ex-parte with cost against the OPs.
OPs are hereby directed to refund the total global advance money in favour of the complainant amounting to Rs.70,000/- with simple interest @ 6% per annum from the date of investment of such said four respective certificates within 30(thirty) days from the date of this order.
OPs are also hereby directed to pay compensation amounting to Rs.10,000/- (Rupees ten thousand) only and also pay Rs.5,000/- (Rupees five thousand) to the complainant as litigation cost within 30(thirty) days from the date of this order.
All such payment shall be made within 30(thirty) days from the date of this order.
Let a plaint copy of this order be given to the complainant free of cost.
Dictated & Corrected by me
(Mr. Sankar Kumar Ghosh)
President, DCDRC, Howrah
(Mr. Sankar Kumar Ghosh) (Mrs. Babita Chaudhuri)
President, DCDRC Member, DCDRC
Howrah Howrah
