FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainant one Niranjan Mondal has filed the application U/S 12 of the C.P. Act, 1986 stating interalia that the complainant and OP-1 of this case are residing and running business within the jurisdiction of this Forum/Commission. The OP-2 is residing and running his business beyond the jurisdiction of this Forum/Commission for which the complainant has taken permission to file this case before this Forum by filing a separate petition U/S 11(2)(b) and permission was granted.
It is further stated by the complainant that being convenienced by a local agent he deposited a sum of Rs.59,850/- (Rupees Fifty Nine thousand Eight hundred and fifty) only in total to the OPs as fixed deposit against the certificate issued by the OP members under the name and style “Sahara Q Shop” for six years of maturity. The all the certificates details are as follows:
Sl. Nos. | Customer ID | Issue Date | Certificate Nos. | Principal Amount Rs. | Maturity Date | Maturity Value Rs. |
1. | 815832010367 | 23.06.2012 | 562014028889 | 19,550/- | 23.06.2018 | 46,882/- |
2. | 815832010420 | 25.06.2012 | 562021223575 | 19,550/- | 25.06.2018 | 46,882/- |
3. | 815832011247 | 26.06.2012 | 562021223580 | 19,550/- | 06.06.2018 | 46,882/- |
| Total 59,850/- | Total 1,40,646/- |
It is further stated that after maturity date the complainant applied for refund of the maturity amount vide letter dated 31.07.2019. The certificates are enclosed herewith along with the photocopy of the letter dated 31.07.2019, track reports etc. from which it is proved that the OP members got the notice from the complainant in respect of his claim but they neglected the same and did not refund the amount stated above.
Thereafter the complainant filed a petition for mediation with DAD, CCGRC, Kolkata-700087 but the same has been failed. The copy of Memo No.1215-CA/G dated 17.06.2019 has also been enclosed with the petition of complainant.
It is alleged by the complainant that the OP neglected to refund the maturity amount to the complainant even after the date of maturity of the three aforementioned certifies dated 23.06.2018, 25.06.2018 and 26.06.2018 which amounts to deficiency of service and unfair trade practice on the part of the OP members and which caused harassment and mental pain and agony to the complainant.
Hence the instant petition of complaint is filed by the complainant with a prayer to give direction to the OP members to refund the sum of Rs.1,40,646/- in total and also give direction to pay compensation of Rs.50,000/- for mental agony and harassment.
The OP members have contested the petition of complaint by filing a written version denying all the material allegations leveled against them by the complainant in his petition. Admittedly the complainant deposited the money as fixed deposit to the OP Company but it alleged by the OP members that the complainant did never come to the office of the OP along with the original certificates and the KYC documents and also did not submit those documents to make the process for disbursement of payment. So, there was no negligence on the part of the OP members.
It is the further case of the OP members that the complainant is not a consumer as per C.P. Act and the remedy if any to the complainant in respect of the disbursement of payment by the OP members in lying in a Civil Court not any consumer forum.
As per the OPs case the petition of complaint is baseless and there is no unfair trade practice on the part of the OP members so the petition of complaint is liable to be dismissed with cost.
The case was fixed for argument, but on the date of argument none of the parties to this case were present so the case is taken up for disposal on merit.
In view of the above stated facts and circumstances it has to be considered by this Forum
- Whether the case is maintainable in its present form and in law?
- Is the complainant is a consumer?
- Whether there is any deficiency of service on the part of the OP members?
- Is the complainant entitled to get reliefs as prayed for?
- To what other relief or reliefs is the complainant entitled to get?
Decision with reasons
All the points are taken up together for convenience of discussion and to avoid unnecessary repetition.
From the evidence and materials on record it is revealed that this Forum has got the ample jurisdiction to try this case in all respect and the case is filed within the period of limitation. So the case is well maintainable in its present form and law.
From the documents as filed by the complainant i.e. the copy of the fixed deposit certificates being No.562014028889, 562021223575 and 562021223580 of Rs.19,550/- each. It is proved beyond all reasonable doubt that the complainant deposited the sum of Rs. 59,850/- in total as fixed deposit to the OP through its local agent and the OP members issued certificates to that effect under the name and Style “Sahara Q Shop”. All the deposited amount carrying 2.35 times on paid amount on 6 years of maturity and the date of maturity of all the three certificates as mentioned above are on 23.06.2018, 25.06.2018 and 26.06.2018. The total maturity value was of Rs.1,40,646/-.
Hence, in view of the discussions made above it is needless to mention here that admittedly the complainant is / was a consumer under the OP members and the OP members were/are the service providers to the complainant within the ambit of C.P. Act. So the statement on OP members that the complainant is not a consumer has no leg to stand upon and is not acceptable to this Forum.
From the evidence and materials on record it is evident that after the date of maturity the complainant demanded the maturity amount vide letter dated 31.07.2019 but till date the OP members did not refund the amount and neglected the legitimate claim of the complainant which should be considered as a deficiency of service and unfair trade practice on the part of the OP members.
Hence, in view of the discussions made above this Forum is of view that the complainant could be able to prove his case against the OP members and OP members deliberately neglected the request of the complainant in respect of refund of the maturity amount which was deposited by the complainant under the certificates issued by the OP members under the name and style “Sahara Q Shop” which is mere deficiency of service and unfair trade practice on the part of the OP members which caused harassment, mental pain agony to the complainant for which they should be liable to compensate the complainant.
All the points are thus decided in favour of the complainant.
The case is properly stamped.
Hence,
ORDERED
that the case be and the same is allowed on contest with cost against the OP members.
The complainant do get the decree as prayed for.
The OP members are directed to refund the maturity value amounting to Rs.1,40,646/- (Rupees One lakh Forty thousand Six hundred and forty Six) only either jointly or severally to the complainant.
The OP members are further directed to pay of Rs.50,000/- (Rupees Fifty thousand) only as compensation along with interest @9% interest p.a. on the amount either jointly or severally to the complainant.
The OP members are directed to comply the decree within 45 days from the date of this order i/d the complainant will get further interest @ 6% p.a. on the entire amount from the date of default till realization.
If the OP members failed to comply the decree within the stipulated period as mentioned above the complainant is at liberty to execute the decree as per law.
Let a copy of this order be handed over to the parties free of cost.
