Order-8.
Date-14/09/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he booked 50 gms gold from Apposite Benefit Society Ltd. (ABS) and was paying the instalment every month having tenure of 24 months and he paid 9 instalments starting from 06-09-2013 to 06-05-2014 amounting to Rs.63,619-59 but due to some problem he stopped the payment and surrendered all the papers to the Head Office on 21-06-2014 and they acknowledged it and told him that the process will take a month to credit that amount with interest in his account but even after lapse of one year and till now they have not paid a single penny and one apologized letter they sent on 01-09-2014 for delaying the payment from their side and but later on they sent an email on 03-03-2015 mentioning the final date of payment i.e. within 31-03-2015 but they have not paid any money and the matter has not been materialized.
Recently on 01-06-2016 they sent an email mentioning the complainant to revert back with them as soon as possible and the complainant visited to their office on 03-06-2015 but found everything is closed but phone lines are open till now but they are not picking up complainant’s call to entertain his complaint and no answer is made. Recently on 10-06-2015 complainant received a mail from where they mentioned that ‘this company under liquidate of law please follow paper publication. Some members have filed registered Case No.S.C. Case No.F.A.1077 &1078 under C.P. Act, 1986’ against them. Complainant visited the State Consumer Disputes Redressal Commission for clarifying these two cases and found actual case Nos. are A/1077/2014 and A/1078/2014 and both were waiting for hearing on 24-08-2015.
In fact OP had cheated the complainant by giving false hoax and practically they have adopted a fraudulent type of business and for their such sort of act and for realizing the said amount complainant has filed this case for redressal.
Notice was sent to the OP but it was returned because OP did not received it and by not claiming the same though it was tendered to the OP and they did not even contest the case though they are aware of the fact of the filing of the case.
Decision with Reasons
In fact this complaint is heard ex parte.
Truth is that complainant has deposited all documents in support of depositing such as amount of Rs.63,619.59 and truth is that this company received back all the original documents from the complainant on 21-06-2014. But thereafter, OP has not paid or returned the same though they reported the complainant by sending email and letter apologizing for their delay in payment and all those documents are submitted by the complainant which are marked as Annexure-1 to 9. Most interesting factor is that this Company already closed down the office but they are maintaining the phone number even they are contesting appeal before State Consumer Dispute Redressal Commission in Appeal No.A/1077/2014 and A/1078/2014 but even then they have not clear the amount of the complainant though admitted fact is that complainant deposited the said amount and at the same time it is proved beyond any manner of doubt that complainant deposited all the documents in original what the OP received on 21-06-2014 but till now, matured amount has not been paid and the very act on the part of the OP is no doubt an unfair trade practice and in fact in such a manner many companies have been running their business and have been swallowing the money of the poorer section of the people giving some false hoax that they will give more benefit and in the present case OP has not appeared to contest the case as filed by the complainant which is proved that this company OP is nothing but a cheat company who has deceived the complainant in so many manners and truth is that complainant is entitled to get back the said amount no doubt from the OP and OP is legally bound to refund the same along with interest with effect from 21-06-2014 till its full payment but as because they have adopted unfair trade practice and also has been maintaining deceitful manner of trade they should be imposed some penalty and at the same time they are liable to pay some compensation for causing mental pain and harassment to the complainant.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OP with a cost of Rs.5,000/-.
OP is hereby directed to refund the entire amount of rs.63,619-59 along with interest starting from 21-06-2014 and till its full payment and interest rate shall be @9 percent p.a. over the said amount.
If OP fails to comply the order and fails to satisfy the decree in that case OP shall have to pay penal damages @Rs.200/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
