FINAL ORDER / JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
This is an application filed by the complainant U/s 35 read with section 34 clause (2) (b) of the CP Act, 2019.
The fact of the case in brief is that the complainant invested his money amounting to Rs. 4,16,000/- in the scheme of the OP under the name and style A “Sahara Q-Shop Unique Products Range Ltd.” in the year 2012. On the basis of such investment Sahara Q Shop Plan H, three certificate were issued by the OPs of Rs. 18,000 being certificate No. 562000668209, receipt No. 71037930041 and the customer ID No. being 816162015147 dated 18 Oct 2012 and Rs. 1,98,000/- being certificate No. 562000668208 with receipt No. 71037930040 was duly issued under the customer ID No. 8161632015146 dated 18 Oct, 2012 and of Rs. 2,00,000/- being certificate No. 562000668456 with receipt No. 71044484861 was duly issued under the customer ID No. 816162019496 dated 01.12.2012. The above mentioned certificates were issued in favour of the complainant. The fixed deposits mentioned above were for the period of 06 years and the total maturing amount of Rs. 9,77,600/- on the total investment is total investment amount of Rs. 4,16,000/- and the maturing amount would be the total invested amount of Rs. 4,16,000/- X into 2.35 times of the total amount ie of Rs. 9,77,600/- ie accumulated LBP benefit of Rs. 4,16,000/- X 2.35 times for the period of 06 years.
It is alleged by the complainant that even after expiry of maturity period, the OPs failed to pay the proposed matured amount to the complainant and even on repeated occasion the complainant visited the office of the OP for an update in respect of disbursement of the maturity amount but in vain.
The instant petition of complaint is filed by the complainant under compelling situation with a prayer to give direction to the OP -2 who made a party being a necessary party in the petition of complaint under MA application being No. 335 of 23 to refund the total maturity amount of Rs 9,77,600/- along with interest @12 % p.a.
The complainant further prayed for giving direction to the OP to pay compensation of Rs. 2,00,000/- to the complainant for harassment, mental pain and agony on the part of the OPs along with litigation cost of Rs. 20,000/-.
On a close scrutiny of material on record, It appears that even after receiving the notice of this case the OPs did not feel any urge to appear before this commission to contest the case by filing WV.
Under such circumstances, the case do runs ex parte against the OP vide order dated 22.04.2024.
On the basis of the fact and circumstances as presented by the complainant in his written complaint. Points of consideration are as follows:-
1. Is the case maintainable in its present form?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer?
4. Is the complainant entitled to get relief a sprayed for?
Decision with reasons
All the points of consideration are taken up together for convenience of discussion and to avoid unnecessary repetition.
On a close scrutiny of the facts and circumstances of this case, position of law and the unchallenged testimony of the complaint supported by an affidavit, it is found that the case is well maintainable in the eye of law and this commission has got ample jurisdiction to try this case.
On careful consideration of the facts and circumstances, materials on record and also considering the annexure A, B, C and D, it is revealed that the complainant has obtained three respective cash certificate bearing Nos. 562000668208 of Rs. 19,800/- dated 18.10.2012, another certificate being no. 562000668209 of Rs. 18,000/- dated 18.10.2012 and the 3rd certificate being No. 562000668456 of Rs. 2,00,000/- from the OPs “Sahara Q-Shop Unique Products Range Ltd.” Total amount invested by the complainant in the aforesaid fixed deposit of Rs. 4,16,000/- in total. The maturity value of which was amounting to Rs. 9,77,600/- as we got it from Annexure B, C and D, it is revealed that the complainant obtained cash certificate from the OP in 2012 for 6 years so, it was matured in the year 2018 but in spite of several requests and visits of the complainant to the office of the OPs no maturity value was paid to the complainant. From which it is need less to mention here that considering which this commission has no hesitation to hold the view that the complainant is a consumer and the OP are the service providers from the unchallenged testimony as well as evidence on the record (annexure -A, B, C and D) submitted by the complainant it is crystal clear that the OPs have harassed the complainant and did not pay the maturity value of 03 certificates as calculated the principal amount of Rs. 4,16,000/- X 2.35 times of the principal amount for the 06 years which will be a sum of Rs. 9,77,600/- in total.
Even on repeated requests from the end of the complainant till this date and no fruitful step has been taken by the OPs to handover the maturity amount to the complainant, which compelled the complainant to knock the door of the commission for getting relief. The unfortunate complainant fixed his hard earn money amounting to Rs 4,16,000/- to the OPs in fixed deposit as he was approached by the OPs mainly the OP-2 that he will get Rs 4,16,000/- X 2.35 times of the principal amount after 06 years but the OP-2 failed to handover the maturity amount of Rs 9,77,600/- to the complainant till date. Such conduct of the OP mainly of the OP-2 is the gross deficiency in service on their part for which they should be compensated.
On the basis of discussion, made above it is held by this commission that there is no reason to disbelieve the unchallenged testimony of the complainant rather the complainant could be able to prove his case beyond any reasonable doubts and is entitled to get the relief as prayed for.
Hence,
Ordered
that the case be and the same is decreed ex parte against the OPs with cost of Rs. 5,000/-.
The complainant do get the ex parte decree.
The OP-2 is directed to refund the maturity value of Rs. 9,77,600/- in total of principal amount of Rs. 4,16,000/- X 2.35 times for 06 years for 3 certificate being No. 562000668208 , 5620006668209 and 562000668456 within 45 days from this date of order.
The OPs are directed to pay compensation to the complainant of Rs. 15,000/- for harassment, mental pain and agony along with litigation cost of Rs. 5,000/- either jointly or severally within 45 days from this date of order, id the complainant will be at liberty to execute the decree as per law.
Copy of the judgment be uploaded forthwith on the website of the Commission for perusal.
