FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Brief facts of the case, are that, the Complainant had invested Rs.1,00,000/- by purchasing six certificates from the OPs on 29/03/2012. Date of maturity of those certificates was 29/03/2020 and maturity amounts are Rs.2,61,200/-. Despite maturity the OPs did not refund the maturity amount of those certificates. Finding no other alternative, Complainant sent a Legal Notice dated 19.01.2022 to the OP-3 demanding maturity amount but the OPs did not response such demand letter. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.
OPs despite service of notice of the complaint have failed to file written version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OPs to file W.V is closed and the case has proceeded ex parte against the OPs.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.
The Complainant has taken us through the Consumer Complaint as also the evidence adduced of the complainant. On perusal of photocopies of Certificates under SAHARA.E.SHINE Scheme being Nos. 351004911101 (Deposited amount of Rs.10,000/-),351004911102 to 351004911106 (Deposited amount of Rs. 18,000/- each), dated 29/03/2012 issued by the OPs to the Complainant it is clear that vide those certificates Complainant had invested Rs.1,00,000/- in total with OPs under SAHARA .E. SHINE Scheme. It is also clear from those Certificates that OPs had agreed to refund the investment amount with maturity amount of Rs.26,120/- and Rs.2,35,080 (47016 x 5) within 96 months from the date of issue i.e. on 29/03/2020. Complainant has categorically alleged that despite maturity, OPs have failed to refund the investment amount coupled with interest. It is also alleged by the Complainant that the OPs did not bother to reply the Legal Notice dated 19/01/2022 sent by the Complainant. As the OPs have opted not to file Written Version despite service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct.
OPs are fully aware that they are liable to pay the matured amount of Rs.2,61,200/-under SAHARA .E. SHINE Scheme to the complainant after 96 months. 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. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the invested amount of Rs.1,00,000/- in spite of its maturity which no doubt adopted deceitful manner of trade. Complainant cannot wait indefinitely to get matured amount. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In view of the foregoing discussion, we are of the view that Complainant is entitled to refund the matured amount of SAHARA E. SHINE Scheme along with compensation and litigation cost.
Thus, the consumer complaint is allowed with following directions:-
- OPs are jointly and severally directed to refund the maturity amount of Rs.261,200/- to the Complainant within 60 days from today.
- OPs are also jointly and severally directed to pay Rs.10,000/- only as compensation for mental agony, pain and harassment to the complainant within the stipulated period.
- OPs are further jointly and severally directed to pay a sum of Rs.5,000/- as cost of litigation to the complainant within the stipulated period.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order
With these directions the present consumer complaint stands disposed of.
Copy of the Judgment be given to the parties as per rules.
