Ld. Advocate(s)

                        For Complainant: Mokbul Rahaman

                        For OP/OPs : None

Date of filing of the case                :29.11.2019

Date of Disposal  of the case         : 13.10.2022

Final Order / Judgment dtd.13.10.2022

This is a case under section 12 of the Consumer Protection act 1986 filed by the aforesaid complainant against the aforesaid opposite parties praying for refund of Rs. 2,52,000/- interest for the further period, compensation and litigation cost.

Complainant stated in the complaint that he deposited total sum of Rs. 2,52,000/- before the office of OP no.1  on different dates  under SAHARA .K. MONEY  scheme and seven documents were  prepared by OP no.1 to that effect and handed over the same to him. But  OP no.1 neither paid monthly interest and expressed that he is unable to refund any amount in favour of the complainant.

Thereafter he served a notice to the OP no.1 through his Ld. Adv.  but he did not get any fruitful result. Hence he lodged this complaint before this Commission  praying for appropriate relief and redressal.

After admission  of the aforesaid  complaint,  notices were  issued upon the OPs but neither the OPs nor their representative /representatives came  forward before this  Commission to  contest  this  complaint  case, hence  the instant case fixed for ex-parte hearing.

During Ex-parte hearing of this case, complainant produced some original documents including the deposit certificate relating to aforesaid deposit dtds. 10.10.2012 and 30.07.2011 vide no. 82100045625, 821000353013, 821000353012, 821000353011, 821000353010, 821000353009 and 821000353008.                                                                                     

Ld. Adv. for the complainant submitted Affidavit – in – Chief which is unchallenged testimony and brief notes of argument. He also made verbal submission.

We have carefully gone through the aforesaid documents. No doubt regarding genuineness of these documents appeared before us and we think that these documents may be considered.

DECISION WITH REASONS

It is the case of the complainant that on 10.10.2012 and 30.07.2011 he deposited Rs. 2,52,000/- before the office of OP no.1 in the SAHARA .K. MONEY  Scheme but did not get any interest as per the said scheme and he went before the office of OP no. 1 for the said purpose but OP no. 1 expressed his inability to refund any amount.

During hearing Ld. Advocate for the complainant argued that in such a situation he issued a notice dtd. 19.09.2019 under Speed Post to the OP no. 1 requesting him to refund said deposit but did not get any fruitful result.

We also find from the documents on record that OP no.1 is the representative of OP no. 2. We also find that complainant is the consumer under the OPs within the purview of C.P.Act 1986 and subject matter of the complaint is under the jurisdiction of this commission. We also find that cause of action of this case has arisen on 20.08.2019  and complainant has filed this case on 29.11.2019 i.e within the period of limitation.

Considering the materials on record and in view of the aforesaid discussion we do not find any reason to disbelieve the aforesaid contention of the complainant. So we are of the opinion that complainant deposited the aforesaid sum before the OPs but they avoided to return the maturity value to the complainant. So it is held that OPs have jointly or severally and willfully neglected to return the invested amount to the complainant.

So we are  of the further view that complainant  has able to establish his grievance against the OPs before this Commission which amount to deficiency  of services on the part of OPs under the purview of C.P.Act 1986.

Accordingly we are of the opinion that complainant is entitled to relief as per his prayer.

In the result petition of the complainant succeeds.

Hence, it is

ORDERED,

That the present case be and the   same is allowed ex-parte against the OPs With cost.

That  the  OPs no 1-2 jointly or severally are hereby directed to refund the invested money  amounting to  Rs.2,52,000/-   (two lakh fifty two  thousand only) along with further  interests @ 9 % per annum from the date of investment  to till the actual  date of repayment to the complainant.

       OP no. 1-2 are further directed to pay compensation amounting

Rs.3, 000/-  to the complainant for  his  harassment, mental pain and agony.

OP no. 1-2  are further directed to pay Rs.5,000/- as litigation cost to the Complainant.

OPno.1-2 are further directed to pay aforesaid awarded amount within 30 days from the date of order to the complainant,  failing which complainant shall have liberty to put this order into execution.

          Let a plain copy to this final order be supplied to the complainant free of cost.