The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the Complt. by the O.P.s. The Complt. invested a corpus of Rs. 50,000/- vide a certificate(details of which have been mentioned in the petition by the Complt.) provided by the O.Ps. to purchase a complete range of goods chosen from the available brochures of the O.P.s. over a period of 6 years. However, during the time period of 6 years, the Complt. did not receive any goods or services from the O.P.s and after the expiry of the said time frame, she deposited all her documents to O.P. 1, praying for refund of the money. O.P. 1 had not received the certificate, but assured to issue a cheque in her favour after few months. The O.P.s did not reply to the letters of the Complt. Subsequently it is unfortunate to note that, during visit to the office of O.P.1, the Complt. lost the said certificate and immediately filed a General diary before the Golabari Police Station vide GDE no. 1215/2020 dated 26.08.2020 along with a letter. The O.P.s have still not paid any amount to the Complt. The Complt. alleges harassment, agony and violation of human rights against the O.P.s. Thus the Complt. prays to this Commission for:
- Compensation of Rs. 1,00,000/- from the O.P.s for mental harassment and financial negligence.
- Direction to the O.P.s to refund the total Global amount of Rs. 50,000/- along with 10% interest from the date of payment till the realization of such amount.
- Simple interest upon all dues from the O.P.s till realization of such amount
- Litigation cost of Rs. 40,000/-
- Other reliefs
Points for decision
Is the complainant entitled to get the relief as prayed for?
Decision with reasons
To prove her case Complt. 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 Complt.and the documents filed by her.
It appears that in her evidence the Complt. has fully corroborated her case of the petition of the complaint and the documents filed by her also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by her, remaining un-challenged, it is held that the Complt.’s case is proved and she is entitled to get the reliefs as sought for.
Hence,
It is,
ORDERED
That the instant case no. 71/2021 is allowed ex-parte with cost against the O.P.s
O.P.s are categorically directed to pay the Complt. Rs. 50,000/- towards global advance money amount in respect of the certificate 893001635474 with an interest @ 6% within 30 days from this date of order failing which a further interest will be added @ 6% till realization of the full amount.
O.P.s are further directed to pay a sum of Rs. 20,000/- to the Complt. towards compensation and a sum of Rs. 5000/- as litigation cost within 30 days from this date of order.
In case of failure on the part of O.P.s to comply with the order as directed, Complt. will be at liberty to put the decree into execution.
Let a free copy of this order be given to the Complt. 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