F I N A L O R D E R
Babita Chaudhuri, Member -This is an application under section 24A of the C. P. Act, 1986 filed by the complainant/petitioner, Sanjeev Kumar Agarwal, against the Opposite Parties named above alleging that the deficiency in service on the part of the opposite parties.
The facts of the case in short are as follows:-
The complainant invested into the company of the Opposite Parties Under Q Shop Plan-H in the name of his minor daughter namely Khushi Agarwal and got a Certificate Vide No. 562008710413, Receipt No. 71042762260, Customer ID No. 827042018906 on 22/10/2012. As per said Certificate complainant paid total Global advance money of Rs.15,650/- only for buying complete range of goods chosen from the available brochures of the opposite parties within plan period 6 years and the opposite parties at that time issued a certificate in the name of his daughter namely Khushi Agarwal.
Therefore, the opposite parties during said plan period i.e. 6 years unable to deliver any goods/products as per their specification of said certificate to the complainant and the complainant after expiry of said plan period i.e. 6 years deposited her all the original papers and documents including said certificate relating to the said investment to the Opposite Party No. 1 but he did not received the same and assured the complainant that after few months they will call the complainant for issuing cheque in her favour but day after day passed, Opposite Parties by mal-activities harassed the complainant.
After that complainant sent a letter through speed post to the OPs on 11-03-2020.
Under the above circumstances, the complainant compelled to file this case before this Ld. Commission and praying for refund total global advance money amounting to Rs.15,650/- only as per the said Certificate, compensation amounting to Rs.1,00,000/- for mental harassment and Litigation Cost of Rs.20,000/-.
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 his case the complainant filed Written Examination-in-Chief supported by an affidavit in evidence and he has also filed all relevant documents in support of his case.
We have gone through the said evidence of the complainant and the documents filed by the complainant.
It appears that in his evidence, the complainant has fully corroborated his case of the petition of complainant and the documents filed by him 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. 156 of 2020 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 of Rs. 15,650/- with simple interest @ 6% per annum from the date of investment of such respective certificates till realization in full.
The OPs are further directed to pay Rs.7,000/- (Rupees seven thousand) only in favour of the complainant as compensation and also to pay Rs.3,000/- (Rupees three 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
(Mrs.Babita Chaudhuri) (Mr.Sankar Kumar Ghosh)
Member, D.C.D.R.C., Howrah. President, D.C.D.R.C., Howrah
