HON’BLE MR. AYAN SINHA MEMBER This is a complaint filed by Sri Tapan Dutta u/s 35 of the CP Act, 2019 against the OPs namely (1) Sahara Credit Co-operative Society Ltd. (2) Sahara India Ltd. (Sealdah Branch), (3) Sahara India Ltd. Kolkata – 700009, (4) Sahara India Commercial Corporation (Expunged during pendency of this case) & (5) Sahara India Paribar alleging unfair trade practice on their part and accordingly prays for a directions upon the OPs to pay the maturity sum of Rs.1,00,000/- along with interest @18% p.a., and to pay compensation for harassment and mental agony along with cost of litigation. FACTS IN BRIEF The case of the Complainant in short is that he deposited Rs.50,000/- to the authorized centre of OP No.1 on 14.10.2015 to which OP No.1 issued certificate being No.765000772001 with Membership No.16171500551 and receipt No.80529896282 for a period of 6 years with the maturity value as Rs.1,00,000/- The said fixed deposit was to be matured on 14.10.2021 after which Complainant visited to the Branch Offices i.e. OP Nos.2, 3 & 5 for collecting the matured amount i.e. Rs.1,00,000/-. But the OPs did not pay any heed. Thereafter on several occasions, Complainant approached Offices of the OPs but the OPs made concocted stories avoiding to disclose the actual intention for the discharge of the contractual obligation by not paying the maturity amount. Thus, due to this harassment and mental agony, Complainant filed this case praying for certain relief(s) as discussed above. Notices were served upon all the OPs i.e. OP Nos.1, 2, 3 & 5. But despite notices being served upon the said OPs, they did not contest this case by filing written version and so the case was heard ex parte against them. It is pertinent to mention that the name of OP No.4 was expunged from the instant case on the prayer of the Complainant. Complainant by filing a petition on affidavit prayed for a direction to treat his complaint as evidence which was allowed by this Commission and finally the matter was fixed for Argument. However, Complainant remained absent during the course of final hearing and so the matter was fixed for delivery of Judgment. So, only Point requires Determination is:- Whether the Complainant is entitled to the relief(s) as prayed for. DECISION WITH REASONS We have carefully perused the complaint petition along with the annexures filed by the Complainant. In order to substantiate his claim that a sum of Rs.50,000/- was deposited with OP No.1 under the Fixed Deposit scheme “SAHARA. V. DOUBLE”, Complainant has filed certificate being No.765000772001 showing Membership No.16171500551 and receipt No as 80529896282 which clearly shows that the OPs had issued the said certificate upon receipt of the Rs.50,000/- on 14.10.2015 months wherein the OPs had assured to pay Rs.1,00,000/- to the Complainant after a period of 72 months showing the maturity date as 14.10.2021 and therefore, it is clearly understood that the Complainant was entitled to get the said benefit on 14.10.2021. However, as apparently the said maturity amount has not been paid to him by the OPs, Complainant is entitled to the amount as per the terms and conditions mentioned therein especially when before this Commission there is absolutely no contrary material to counter claim of the Complainant as the allegations of the Complainant remained unchallenged and unrebutted. None of the OPs appeared and refuted the allegations of the complaint. So, considering the facts and circumstances and going through the complaint petition and the annexures filed therein, we hold there is certainly unfair trade practice on the part of the OPs by not refunding the legitimate claim of the Complainant for Rs.1,00,000/-, which the Complainant by paying Rs.50,000/- deposited with the OPs from his hard-earned money with an expectation to get a heafty amount after 6 years. Complainant has also prayed for cost of Rs.5,00,000/- for mental agony and harassment and Rs.50,000/- towards cost of litigation which in our view, are highly exorbitant. In our opinion, if a direction be given upon the OPs to pay Rs.1,00,000/- subject to hand over of the original certificate by the Complainant along with compensation of Rs.5,000/- for harassment and mental agony and litigation cost of Rs.3,000/-, it would be just and appropriate. In the end, Complainant has succeeded in proving his case. Hence it is ORDERED That the instant complaint no. CC/143/2022 be and the same is allowed ex parte against OP No.1, 2, 3 & 5. OPs who are jointly and severally, directed to pay the maturity amount i.e. Rs.1,00,000/- (Rupees One Lakh Only) as mentioned in the copy certificate being No. 765000772001 along with compensation cost of Rs.5,000/- (Rupees Five Thousand Only) for mental agony and harassment and litigation cost of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant within 45 days from the date of this order, in default, the entire amount shall carry simple interest @6% p.a. from the date of default. Complainant is also directed to hand over the original certificate being No. 765000772001 to the Office of the OPs upon receipt of the aforesaid awarded amount from the OPs in full. If the abovesaid order is not complied with by the OPs, Complainant is at liberty to proceed in accordance with law. Dictated and corrected by me | 
