FINAL ORDER/JUDGMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that OP-1 Sahara Q Shop Unique Product Range Ltd. is a Financial Institution and OP-2 its agent. Complainant invested Rs. 1,58,000/- to the OP-1 on 31.07.2012 for a period of 72 months. OP-1 issued certificate bearing No. 562014034447 to the complainant. The maturity date of the said certificate is 31.07.2018 and its maturity value of the said certificate is Rs. 3,36,540/-. Despite repeated request, the OP-1 did not refund the matured amount. Complainant issued legal notice dated 13.11.2019 requesting the OP-1 to refund the matured amount. Legal notice was unattended. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
Despite service of notice of the complaint, the OPs did not choose to contest the case by filing WV within the stipulated period as provided under the CP Act, 2019. Thus, the case runs ex parte against the OPs.
Complainant has filed her evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of her case. Despite given opportunities the OPs failed to file their WV denying the allegation of the complainant.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant invested Rs. 1,58,000/- to the OP-1 against certificate bearing No. 562014034447 dated 31.07.2012 for a period of 72 months. The maturity date of the said certificate is 31.07.2018. Despite several request and legal notice dated 13.11.2019, the OPs did not pay the matured amount to the complainant. OP-1 is fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested her hard earned money with the OP-1. The OP-1 is deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OP-1 withhold the maturity amount which no doubt deceitful manner of trade. OP-2 is a mere agent of OP-1. Thus, he has no responsibility to refund the matured amount to the complainant.
OP-1 has not filed their WV denying the allegations made in the complaint petition. Thus, it tantamount that they admitted the allegation of the complainant. Complainant in her affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OP-1. The act of the OP-1 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 to the OP-1, she would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant has suffered mental agony and harassment. It is settled principal 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, complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to get the maturity amount of Sahara Q Shop Unique Products Range Ltd. along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part ex parte against the OP-1 and also dismissed ex parte against the OP-2 with the following directions :-
- OP-1 is directed to pay matured amount of Rs. 3,36,540/- (Rupees three lacs thirty six thousand five hundred fourty) only to the complainant.
- OP-1 is further directed to pay Rs. 25,000/- (Rupees twenty five thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OP-1 is also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OP-1 within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
