FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant, in brief; is that the complainant  had been convinced from the representation of the OPs about the lucrative business norms for guarantee of

return along with interest of the money after maturity of certificates through “Q Shop Plan-H (PLAN-H) Sahara India and deposited a total sum of Rs,3,54,750/ (Rupees Three lakhs Fifty Four Thousand Seven hundred Fifty)only each being Certificates details:

1.Amount deposited-70,950.Duration 72 months,Maturity Amount-1,66732.50.Maturity Date-May 2018,Certificate No.56201323057,Rate of Interest -2.35%

2.Amount deposited-70,950.Duration 72 months,Maturity Amount-1,66732.50.Maturity Date-May 2018,Certificate No.562013230007,Rate of Interest -2.35%

3.Amount deposited-70,950.Duration 72 months,Maturity Amount-1,66732.50.Maturity Date-May 2018,Certificate No.56201319313,Rate of Interest -2.35%

4.Amount deposited-70,950.Duration 72 months,Maturity Amount-1,66732.50.Maturity Date-May 2018,Certificate No.56201319121,Rate of Interest -2.35%

5.Amount deposited-70,950.Duration 72 months,Maturity Amount-1,66732.50.Maturity Date-May 2018,Certificate No.56201318928,Rate of Interest -2.35%

                                                                                                                                                                                                                                                                                                                                                The complainant stated that the OPs assured the complainant that as per terms and conditions of those certificates the complainant would be entitled to get the matured amount @of 2.35% on Rs,70,950/ for each certificate. The complainant is entitled to get Rs,8,33,662/  total of  5 certificates.

        Despite several request and assurance the OPs did not pay the matured amount along with interest.The complainant lodge a complaint being no.ss 5230321 before the OPs service centre on 23.03.2021 but the OPs did not reply for the same.Due to delay in payment of the opposite parties,the complainant has send one advocate letter dated 24.05.2022 requested for payment of the matured amount of Rs,8,33,662 (Rupees Eight Lakh Thirty three thousand Six hundred sixty two)only within the period of 30 days from the date of the receipt of the latter but they did not pay heed to the request. There is deficiency in service and unfair trade practice on the part of the OPs. Finding no other alternative, complainant filed the instant consumer case praying for direction upon the OPs to refund the maturity amount with delayed payment @18% P.A and a compensation of Rs,500,000 due to mental agony,harassment and financial loss and a litigation cost of Rs,50,000.

Despite service of notice, the OPs did not turn up to contest the case.

 As  such, the case has proceeded ex parte against the OPs.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OPs is deficient in rendering proper service to the Complainant?
            2)  Whether the OPs have indulged in unfair trade practice?

           3)  Whether the complainants are entitled to get relief or reliefs as prayed for?

Decision with Reasons

Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of  the money receipts and certificates dated May 2012,  we find that the complainant invested Rs.3,54,750/- to the OPs. The maturity date of those investment already completed. In spite of maturity, the OPs failed to discharge their contractual obligations regarding payment of the deposited  amounts.

The OPs are fully aware that they are liable to pay the matured amount including interest thereon to the complainant. Complainant invested his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right withheld the invested amount. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the invested amount Rs.3,54,750/- along with accrued interest thereon since 19/05/2012  till date which no doubt adopted deceitful manner of trade. The OPs have opted not to file written Version despite of service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct. Complainant have filed his affidavit

reaffirming the allegations. Thus, it stands proved that despite of having received Rs. Rs.3,54,750/-  the OPs have 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 OPs have committed deficiency in service and also have 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. Rs.3,54,750/- to the OPs for his financial gain. The OPs failed and neglected to pay matured amount with interest since 19/05/2012 to  the complainant and the act and conduct of the OPs are a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested his money with the OPs, he 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 amount 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  Ex-parte against the OPs with litigation cost of Rs. 5,000/- (Rupees five thousand) only.

1.OPs are jointly or severally directed to refund the amount as per the certificate annexed of the  maturity amount of Rs Rs,8,33,662 (Rupees Eight Lakh Thirty three thousand Six hundred sixty two)only to the complainant within 60 days from the date of this order.

2.OPs are further directed to pay jointly or severally Rs. 30,000/- (Rupees Thirty  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 OPs transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.