DATE OF DISPOSAL: 18.12.2019.
Sri Karunakar Nayak,President:
The complainant Smt. Pravasini Sahu has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps) and for redressal of her grievance before this Forum.
2. Briefly stated the case of the complainant is that she has purchased a scheme under “Plan-H” on consumption of Sahara Q Shop Hospitality product of cumulative benefit of earned LBP for the period 72 months i.e. 2.35 times of the Global Advance amount by advancing Rs.67,000/- on 26.09.2012 and in token of which the O.P. company issued Certificate No. 562009191992 & Receipt No.71014038958 dated 26.09.2012. Intermittently 72 months was over on 26.09.2018 and the lady complainant did not take the adjustment of advances in any kind under any circumstances under her duress also. So she is entitled to get bonus and benefits based on specific pattern of “Q shop Plan-H” Hospitality Products i.e. 2.35 times of the Global Advance Amount (Rs.67,000/-) i.e. Rs.1,57,718/- as per their terms and conditions and for that purpose the O.P. Company is liable to make disbursement of the final amount on 26.09.2018. Now the lady complainant is panic stricken and bed ridden reeling under her ailing condition for this on 26.09.2018. The complainant surrendered all her papers i.e. receipt alongwith a request letter met on person and though the O.P.No.2 received the same on 26.09.2018 with his seal and signature but in vain and for good on 03.10.2018 she sent a request letter by R.P. with AD for disbursement of the maturity amount alongwith bonus otherwise it would amount to its repudiation, but it did bear no fruit. When the O.P.No.2 received the same on 04.10.2018 but till now did not advance a single penny. Alleging deficiency in service on the
part of the O.Ps the complainant prayed to direct the O.Ps to pay the maturity amount due Rs.1,57,718/- on 26.09.2018 alongwith interest @22% till actual payment was made, Rs.1,00,000/- towards mental agony, harassment, physical, mental and financial torture caused by the O.P. Company in the best interest of justice.
3. Notices were issued to the Opposite parties. But the O.Ps did not appear and file their written version on the date fixed as such they are set exparte on 15.05.2019. Thereafter, Dr. L.N.Das, Advocate appeared on behalf of the O.Ps and filed a petition to set-aside the exparte order. As this Ld. Forum has no power to set aside its own order as such the set-aside petition of the O.P’s advocate stands rejected on 21.11.2019.
4. On the date of exparte hearing of the case, we heard the learned counsel for the complainant and have gone through the case record and also perused the materials on the case record. We have also thoughtfully considered the submission made before us by the learned counsel for the complainant. It reveals from the materials on the record that the complainant has handed over the Bonds as well as the receipts to O.P.No.2 on 26.09.2018 for getting the maturity amount of her scheme Q shop Unique Products Range Limited vide Certificate No.5620091992 & Receipt No. 71014038958. Further, the complainant sent a request letter to O.P.No.2 on 3.10.2018 by Regd.post with A.D. for getting the maturity value of her Q-shop Bond. But neither O.P.No.2 nor other O.Ps took any steps for releasing of the maturity value of the complainant’s Q shop Bond. The complainant has also filed affidavit in support of her case. For the aforesaid reasons undoubtedly the complainant has sustained mental agony as such she is entitled to get some relief. Law is well settled in case of Mrs. Puneet Kaur versus Hindustan Financial Management Ltd. and others reported in 2003(1) CPR 274 where in the Hon’ble National CDR Commission, New Delhi has hold that “Non payment of fixed deposit amount on its maturity by Financial Institution constitutes deficiency in service”.
In view of the above decision of law, the complainant’s case is allowed on exparte against the O.Ps. The Opposite Parties are jointly and severally liable as such they are directed to pay the maturity value with 08% interest per annum from the date of filing this case i.e. on 02.03.2019 to the complainant within 60 days from receipt of this order. Further the O.Ps are also directed to pay Rs.10,000/- for compensation along with Rs.2000/- as cost of litigation to the complainant within the above stipulated period failing which all the dues shall carry 12% interest per annum.
The order is pronounced on this day of 18th December 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
