DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 60 /2022
Parikhit Mohapatra, aged 62 years,
S/o- Late Madhusudan Mohapatra, At-/PO- Garhmanitri,
PS- Begunia, Dist – Khurda, Pin - 752062
…. Complainant
-Vrs.-
- The Managing Director , Sahara Q Shop Unit
Product Range Limited, an Unit of Sahara Pariwar,
At- Sahara India Bhawan, 1, Kapoorthala Complex,
Aliganja, Lucknow – 226024, Uttar Pradesh,
- The Zonal Manager, Sahara India Pariwar, Sahara Q Shop Unit
Product Range Limited, At- Sahid Nagar , Near Puja Mandap, PO/PS- Sahid Nagar, Bhubaneswar, Dist – Khurda, Pin - 751007
- Regional Manager, Sahara India Pariwar, Sahara Q Shop Unit
Product Range Limited, At- Bharat Scout & Guide Building
Near Asali Dhaba, Unit – 3, Bhubaneswar, Dist – Khurda, Pin - 751001
- The Branch Manager, Sahara India Pariwar, Sahara Q Shop Unit
Product Range Limited, In front of Judicial Court, Khurda,
Main Road, Khurda, Pin - 752055
…. Opp. Parties
For the complainant : In person
For the OPs : Exparte
DATE OF FILING : 16/02/2022
DATE OF ORDER : 04/05/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed by the complainant U/s 35 of the C.P.Act, 2019 alleging deficiency in service and unfair trade practice against the OPs.
2. The brief contention of the complaint is that, the OPs floated a depositing scheme namely “SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED ” . Being attracted by the high returns on maturity, the complainant deposited an amount of Rs.2,27,100/- with the OPs and was provided with 10 nos. of investment certificates. As per the terms & conditions of the scheme, when the complainant approached to the OPs to get back his maturity amount, i.e. Rs.5,33,690/-, the OPs did not release the same. Despite several visits and best efforts of the complainant, he did not get his invested money back along with accruing benefits. Being aggrieved by this, the complainant decided to resolve his issue before this Commission. Hence this complaint.
3. Upon notice, the OPs did not appear before this Commission and subsequently they were set exparte and exparte hearing was taken up.
4 On due perusal of the materials available on case record, it is established that, the complainant has made a total investment of Rs.2,27,100/- with the OPs and he has been provided with 10 numbers of investment certificates. But there is no mention of maturity amount and the date of maturity thereof on the said certificates. However, on careful perusal of Annexure – 2, it is further established that, there is proper communication from the side of OPs to the complainant regarding customer ID, deposited amount, the maturity amount and the date of maturity thereof. In view of the above facts and circumstances of the case, this Commission is of the opinion that, the OPs have not honoured the terms & conditions of their own scheme which establishes deficiency in service and their indulgence into unfair trade practice. Hence it is ordered.
ORDER
The complaint is hereby allowed exparte against the OPs. The OPs are hereby directed jointly & severally to refund an amount of Rs.5,33,690/- (Rupees five lakhs thirty-three thousand six hundred ninety) only to the complainant along with interest @ 9% per annum from the date of maturity till the date of payment. The OPs are further directed to pay an amount of Rs.5,000/- (Rupees five thousand) only, as compensation towards mental agony suffered by the complainant and a sum of Rs.2000/- (Rupees two thousand) only towards litigation expenses to the complainant. The order be complied with by the OPs jointly & severally within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 4th May, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno