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. 20,000/- vide the certificate provided by the O.P.s. 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, deposited all her documents, praying for refund of the money. O.P. 1 had not received the certificates, but assured to issue a cheque in her favour after few months. The O.P.s have still not paid any amount to the Complt. The Complt. alleges harassment and agony against the O.P.s. Thus the Complt. prays to this commission:
- 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. 20,000/-
- Simple interest upon all dues from the O.P.s till realization of such amount
- Litigation cost of Rs. 30,000/-
- Other reliefs
Point for decision
Is the complainant entitled to get the relief as prayed for?
Decision with reasons
To prove her case complainaint 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.
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. 171/2020 is allowed ex-parte with cost against the O.P.s
O.P. is categorically directed to pay the complainant Rs. 20,000/- towards global advance money amount in respect of 2 certificates 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. 15,000/- to the Complt. towards compensation and a sum of Rs. 5000/-towards 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 plain copy of this order be given to the complainant 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