West Bengal

Kolkata-II(Central)

CC/524/2019

Sefaly Kundu - Complainant(s)

Versus

Branch Manager,Sahara Q Shop Unique Products Range Ltd. - Opp.Party(s)

Self

28 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/524/2019
( Date of Filing : 20 Dec 2019 )
 
1. Sefaly Kundu
7D,Ishwar Ganguly Street,P.O.Kalighat,Kolkata-700026.
...........Complainant(s)
Versus
1. Branch Manager,Sahara Q Shop Unique Products Range Ltd.
Sahara India,Bhowanipur,R.O,8,Rajendra Road,Kolkata-700020,P.S.Bhowanipur.
2. The Director,Sahara Q Shop Unique Products Range Ltd.
Sahara india Commercial Corporation Ltd, Sahara India Bhawan,1, Kapoorthala Complex,Luck-226024.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 28 Dec 2021
Final Order / Judgement
 

            The case of the complainant, in a nutshell; is that he invested Rs. 8,150/- against Certificate No. 562006743109 dated 20.10.2012 with OP 1. The redemption value of the said certificate is Rs. 19,152/- after expiry of redemption period of  06 years. On maturity, the complainant approached the OP 1 to refund the redemption value of  Rs.  19152/-  but the OP 1 refused to pay the redemption value. Complainant vide letter dated 31.07.2019 requested the OP 1 to pay the redemption value of the certificate but such letter was unattended. Finding no other option the complainant approached this Commission for necessary reliefs as mentioned in the prayer portion of the consumer complaint.

         Despite service of notices, the OPs did not contest the consumer case by filing WV. Thus, the case have proceeded ex parte against the OPs.

        To prove his case the complainant has filed his E/chief in the form of affidavit. We have perused the consumer complaint and E/chief of the complainant.

         It appears from the photocopy of  Certificate bearing No. 562006743109 dated 20.10.2012.  We find that  the complainant invested Rs. 8,150/- to the OP 1 on Sahara Q Shop Unique Products Range Ltd. and the redemption value of said certificate  is  Rs. 19,152/-. Despite expiry of redemption period the OPs 1 and 2 did not pay the redemption value of said certificate to the complainant. Having no other alternative, the complainant approached the OP 1 vide letter dated 31.07.2019  to pay redemption value but such letter was unattended.

          The OPs 1 and 2 collected money from various investors and amassed their wealth attracting the investors for lucrative returns. But when time comes for repayment of redemption value, OPs did not respond to the representations of the investors, neither did they act in response to their duties and obligations. This is not only deficiency in service but also unfair trade. As soon as the complainant paid money of anticipation of getting that with assured interest, he becomes the consumer under the OPs in terms of consumer protection Act.
          The OPs did not carry out their duties and obligations as promised and did not pay back the redemption value. This is nothing but deficiency in service by the OPs. The deficiency of the OPs  led the complainant to face physical, mental harassment and financial distress to some extent.

           Despite given opportunity to the OPs they did not file their WV. They did not assist the Commission to find out the truth because truth was known to them. The evidence of the complainant is remained unchallenged. The answering OPs did not controvert the allegations leveled against them by the complainant.

          In the foregoing observation, the complaint is allowed against the OPs with following directions:-

  1. OPs are directed to pay redemption amount of Rs.19,152/- to the complainant within 60 days from today.
  2. OPs are directed to pay compensation of Rs. 5,000/- to the complainant within the specified period.
  3. OPs are further directed to pay Rs. 3,000/- to the complainant as litigation cost.

           Copy of the judgment be given to the parties as per rules. The judgment be uploaded on the website of this commission for perusal of the parties

                                                                      

 
 

 

 

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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