J U D G E M E N T
The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the complainant by the OPs. The complainant invested a corpus of Rs.20,000/- as Global Advance Money under ‘Q’ Shop Scheme vide Certificate (details of which has been mentioned in Annexure ‘A’ in the petition by the complainant) provided by the OPs to purchase a complete range of goods chosen from the available brochures of the OPs over a period of 6(six) years under ‘Q’ Shop Scheme. However, during the time period of 6(six) years, the complainant did not receive any goods or services from the OPs and after the expiry of the said time frame, she deposited all her documents to OP No. 1, praying for refund of the money. OP No. 1 had not received the Certificate but assured to issue a cheque in her favour after few months. As mentioned in Annexure ‘B’, the complainant sent letter to the OPs, requesting them to pay her dueS but till date not a single penny has been received by the complainant. The complainant alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the OPs. Thus, the complainant prays to this Commission (formerly Forum) for: -
- Compensation of Rs.1,00,000/- (one lakh) from the OPs for mental harassment and financial negligence.
- Direction to the OPs to refund the total Global Amount of Rs.20,000/- along with interest from the date of payment till the realization of such amount.
- Simple interest upon all dues from the OPs till realization of such amount.
- Other reliefs.
OPs have filed the W/V denying all material allegations and contented inter alia that: -
The instant case is not maintainable according to law and complainant is not a consumer as defined under C.P. Act and the transaction between the complainant and the OPs is a commercial transaction and any grievance on it should be redressed in civil court only. That apart, OPs have said that there is no deficiency of service on the part of the OPs. Due to dispute of SEBI and the matter is pending before the Hon’ble Supreme Court of India, the delay in payment is happened. Ultimately, OPs have prayed for dismissal of the case with costs.
POINT FOR DECISION
Is the complainant entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
On close scrutiny from the materials on record, it reveals that the complainant is a consumer under Section 2(i)(d)(i)(ii) of the C.P.Act, 1986 to the OPs.
To prove her case complainant has tendered her written examination-in-chief supported by evidence on affidavit and BNA and she has also filed photocopies of all relevant documents in support of her case whereas OPs filed W/V but did not file evidence on affidavit and as such contents of W/V of OPs bear no legal value and we cannot place reliance upon the contents of W/V of OPs.
We have gone through the said evidence of the complainant and the documents filed by her.
It appears that in her evidence, the complainant 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 complainant. So, in view of the said evidence of the complainant and the documents filed by her, remained un-challenged and thus, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.
Hence, it is,
ORDERED
That the instant case being No. 69 of 2020 be and the same is allowed on contest against all the OPs with costs.
OPs are directed to pay the Global Advance Money of amount of Rs.20,000/- to the complainant as per terms and conditions mentioned in the scheme along with interest @ 6% from the date of maturity of the policy in question till realization of the full amount.
OPs are categorically directed to pay compensation of Rs.13,000/- to the complainant for mental harassment and financial negligence.
OPs are also directed to pay Rs.8,000/- as litigation cost to the complainant.
All such payments shall be made within 45(forty five) days from the date of this order.
Let a free copy of this order be given to the complainant and OPs free of cost.
Dictated & Corrected by me
(Mr. Sankar Kumar Ghosh)
President, DCDRC, Howrah
