FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Sahara Q Shop Unique Products Range Ltd. is a Financial Institution. Ops 1 and 2 are the Regional Manager and Director of Sahara Q Shop Unique Products Range Ltd. Complainant invested Rs. 22,500/- to the OP-1 on 25.09.2012 for a period of 72 months. OP-1 issued certificates bearing No. 562010099394 to the complainant. The maturity date of the said certificate is 25.09.2018 and its maturity value is Rs. 52,875/-. Despite repeated request, the OPs did not refund the matured amount and notice dated 17.03.2021 was issued to the OPs but no fruitful reasult is forthcoming. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
Despite service of notice, the OPs did not turn up to contest the case by filing WV within the stipulated perod under the provision of CP Act, 2019. Thus, the case runs ex parte against the OPs.
Complainant Sri Santosh Kumar Shaw has filed his evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of his case. Despite given opportunities, the OPs failed to file their WV.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant invested Rs. 22,500/- to the OP-1 against certificate bearing No. 562010099394 dated 25.09.2012. The maturity date of the said certificates is 25.09.2018 . Despite several request and notice dated 17.03.2021, OPs did not pay the matured amount to the complainant. OPs are fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested his hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from his lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
OPs have not filed their WV denying the allegations made in the complaint petition. Complainant in his affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs are a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested his money to the OPs, he would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. In these circumstances, the complainant is entitled to get the maturity amount of Sahara Q Shop Unique Products Range Ltd. Certificates along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part ex parte against the OPs with the following directions :-
- OPs are directed to pay matured amount of Rs. 52,875/- (Rupees fifty two thousand eight hundred seventy five) only to the complainant.
- OPs are further directed to pay Rs. 10,000/- (Rupees ten thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
