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. Complainant invested Rs. 35,000/- to the OP-1 on 09.12.2009 and 13.01.2010 for a period of 06 Years. OP-1 issued three certificates in favour of the complainant. The maturity value of those certificae is 48,100/-. Despite repeated request, the OPs did not refund the matured amount. Notice dated 07.05.2018 was issued to the OP-1 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 filed their WV denying the allegations made in the complaint petition. The complainant failed to produce original certificate and KYC document for internal process of disbursement of payment. There is no deficiency in service and unfair trade practice on the part of the OPs. Thus, the OPs have prayed for dismissal of the complaint with cost.
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 have failed to file their E/chief. Thus, the opportunity of the OPs to file E/chief was closed.
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. 35,000/- to the OP-1 on on 09.12.2009 and 13.01.2010 for a period of 6 years. OP-1 issued three certificates bearing Nos. 010543940092, 010543940093 and 010557613698 in favour of the complainant. Despite several request and notice dated 07.05.2018, OPs did not pay the matured amount to the complainant. OPs are 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 OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
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 OPs. The act of the OPs 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 OPs, 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 on contest against the OPs with the following directions:-
- OPs are directed to pay matured amount of Rs. 48,100/- (Rupees fourty eight thousand one hundred) only to the complainant.
- OPs are further directed to pay Rs. 15,000/- (Rupees fifteen thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs 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 pressure of the commission and also 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.
