FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
This is an application U/s 12 of the C.P. Act, 1986.
The case of the complainant, in brief; is that she invested Rs. 3,500/-with OP on 15.09.2012, 20.10.2012, 21.11.2012, 16.03.2013 and 28.03.2013 respectively. The date of maturity of those investment was 15.09.2013. She invested the aforesaid amount for lucrative profit. Despite maturity, the OP did not pay the matured amount along with interest. There is deficiency in service and unfair trade practice on the part of the OP. Finding no other alternative, complainant filed the instant consumer case praying for direction upon the OP to pay matured amount Rs. 6,690/- along with interest at the rate of 8 percentper annum from the date of maturity Rs. 50,000/- as compensation for mental atgony and Rs. 10,000/- as litigation cost.
Despite service of notice, the OP did not turn up to contest the case. As such, the case has proceeded ex parte against the OP.
Decision with Reasons
Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of money receipts dated 28.02.2013, 16.03.2013, 22.11.2012, 20.10.2012, and 15.09.2012, we find that the complainant invested Rs. 3,500/- to the OP. The maturity date of those investment amount was 15.09.2013. In spite of maturity, the OP failed to discharge their contractual obligations regarding payment of matured amount.
The OP is fully aware that they are liable to pay the matured amount including interest thereon to the complainant. Complainant invested her hard earned money with the OP. The OP deliberately make their illegal gains and to deprive the complainant from her lawful right withheld the invested amount. Thus, the OP has adopted unfair trade practice, and in fact, withhold the invested amount of Rs. 6,690/- along with accrued interest thereon since 15.09.2013 till date which no doubt adopted deceitful manner of trade. The OP has opted not to file written Version despite of service of notice of complaint, the above allegations of the complaint is deemed to have been admitted as correct. Complainant have filed her affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs. 3,500/-, the OP has failed to refund the maturity amount. In absence of any explanation for failure to comply with the stipulation of refund of maturity amount, we have no hesitation in concluding that the OP has committed deficiency in service and also has indulged in unfair trade practice.
The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has invested Rs. 3500/- to the OP for her financial gain. The OP failed and neglected to pay matured amount with interest since 15.09.2013 to the complainant and the act and conduct of the OP is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money with the OP, she would have invested the same elsewhere. The complainant cannot be wait indefinitely to get the matured amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to refund of matured with interest, compensation and litigation cost.
In the result, the case succeeds in part.
Hence,
Ordered
That the complaint case be and the same is allowed in part ex parte against the OP with litigation cost of Rs. 2,000/- (Rupees two thousand) only.
OP is directed to refund matured amount of Rs. 6,690/- (Rupees six thousand six hundred ninety ) only along with interest since 15.09.2013 till realization along with litigation cost to the complainant within 60 days from the date of this order.
OP is further directed to pay Rs. 5,000/- (Rupees five thousand) only as compensation for causing mental agony, pain and harassment to the complainant within the stipulated period.
Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 1986 after the expiry of 60 days.