FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Sahara Q Shop Unique Products Range Ltd. is a Financial Institution. OPs 1 and 2 are the Zonal Office and Agent of Sahara Q Shop Unique Products Range Ltd. Complainant invested Rs. 1,58,000/- to the OP-1 through OP 2 on 31.07.2012 for the period of 72 months. OP-1 issued certificate bearing No. 562014034446 to the complainant. Despite maturity of the said certificate the OPs did not refund the matured amount of Rs.3,36,540. Legal notice dated 13.11.2019 was sent to the OPs with a request to refund the maturity amount but no fruitful result is forthcoming. 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.
The OPs contested the case by filing WV denying the allegations of the complainant. The OPs have admitted the investment of the complainant but alleges that the complainant failed to submit KYC documents to the OPs for payment of matured amount. There is no deficiency of service and unfair trade practice on the part of the OPs.
Complainant has filed his evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of his case. Despite given opportunities the OPs failed to file their E/chief.
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. 562014034446 dated 31.07.2012 for a period of 72 months. On maturity of the said certificate the OPs did not refund the maturity amount. Legal notice dated 13.11.2019 the OP 1 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 his hard earned money with the OP 1. The OP 1 is deliberate to make illegal gains and to deprive the complainant from his lawful right. In fact, the OP 1 withhold the maturity amount which no doubt deceitful manner of trade.
OPs have not filed their E/chief denying the allegations made in the complaint petition. Complainant in his 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 his money to the OP 1, he 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. OP 2 is a mere agent of OP 1. He has no responsibility to refund the maturity amount to the complainant being an agent. Thus, the case should be dismissed against the OP 2.
Based on the discussion above, the Consumer Case is allowed in part on contest against the OP 1 with the following directions and dismissed on contest against the OP 2:-
- OP 1 is directed to pay matured amount of Rs. 3,36,540/- (Rupees three lacs thirty six thousand five hundred forty) 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 is 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.
There is delay in disposal of the case due to heavy pendency of cases and Covid 19 Pandemic.
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.
