BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 95 of 2020
Date of Institution: 12.02.2020
Date of Decision: 24.05.2022.
Dipti Gupta aged about 46 years wife of Sh. Aman Gupta, resident of H. No. 431, Street No. 07, Agarsain Colony, Sirsa, Tehsil and Distt. Sirsa.
………Complainant.
Versus
1. Sahara India Pariwar Cum Sahara Q Gold Mart Ltd., Branch Located at adjoining Jyani Hospital, Near State Bank of India Main Branch, 2nd Floor, Sirsa, Tehsil and Distt. Sirsa through its Branch Manager.
2. Sahara Q Gold Mart Ltd., Sahara India Bhawan, 1, Kapporthala Complex, Aliganj, Lucknow- 226024 through Authorized Person.
……… Opposite parties.
Complaint under Consumer Protection Act.
Before: SH. PADAM SINGH THAKUR……. PRESIDENT
MRS.SUKHDEEP KAUR……………MEMBER
SH. SUNIL MOHAN TRIKHA………MEMBER
Present: Sh. Amit Goyal, Advocate for complainant.
Sh. J.S. Sidhu, Advocate for opposite parties.
ORDER
The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (herein after referred as OPs) on the averments that ops allured the complainant on the pretext that ops have been running a Gold Bond Scheme wherein the investor shall spend in Gold @35% discounted price and the investor will get return of physical gold after expiry of period of six years or cash refund equal to the values of gold on the date of maturity. The complainant invested her savings with op no.1 and purchased 40 Grams gold at the discounted price i.e. Rs.72,125/- (40 Gram gold actual price Rs.1,15,400/-) on 23.6.2012 and op no.1 i.e. local branch of ops issued the receipt vide receipt No. 912004881102 and certificate no. 092000702295 dated 23.6.2012 and maturity date was 23.6.2018. That total amounts lying deposited with the ops. At the time of depositing of the amount, the Manager and agents of ops/ company assured the complainant that amount invested will be definitely repaid as per terms of agreement. However, as per agreement, the ops were liable to hand over 40 Grams physical gold to the complainant or to refund the amount equal the values of 40 grams gold on the date of maturity i.e. 23.06.2018, but the ops failed to provide the gold as well as agreed amount to the complainant. It is further averred that complainant has visited the ops lastly in the month of October, 2019 and ops assured to provide gold of 40 grams or to make refund of the amount within two weeks but they failed to do so and they are lingering on the matter on one pretext or another. The complainant has fulfilled all the terms and conditions for getting refund of the amount but the ops intentionally lingered on the matter. The complainant has also come to know that ops have obtained the money from complainant by playing a fraud with her and after making false promises and assurances and complainant also reserves her right to initiate criminal/ legal action against the ops. That ops are legally bound to make the payment of above said amount under Gold scheme and there is deficiency of service and unfair trade practice on the part of ops and complainant has apprehension that ops may usurp the amount deposited by her. The complainant is legally entitled to get cash amount equal to the value of 40 grams in the market otherwise she is legally entitled to get the money alongwith interest @24% per annum. The complainant has also averred that she is entitled to the amount of Rs.1,64,000/- which is the today value of 40 grams gold in the market @41000/- per 10 grams and she is also entitled to interest @12% per annum on account of delay in payment after maturity besides compensation for harassment and litigation expenses. Hence, this complaint.
2. On notice, opposite parties appeared through counsel but they failed to file written statement despite availing several opportunities including last opportunity and as such defence of ops was struck of.
3. Complainant has tendered her affidavit Ex.CW1/A and copy of receipt of the amount of Rs.72,125/- Ex.C1.
4. We have heard learned counsel for the parties and have gone through the case file.
5. The complainant in order to prove her case has furnished her affidavit Ex.CW1/A in which he has reiterated all the contents of her complaint. She has also placed on file copy of certificate no.092000702295 and receipt No.912004881102 Ex.C1, the perusal of which reveals that complainant deposited an amount of Rs.72,125/- with the ops under Gold scheme and booked gold of 40 grams with the ops and value of booked gold at that time was shown as Rs.1,15,400/- and she was given discount of the amount of Rs.43,275/-. According to complainant she deposited this amount of Rs.72,215/- with the ops on 23.6.2012 for a period of six years and on 23.06.2018, either she was entitled to receive gold of 40 grams from the ops or ops were liable to make refund of the amount equal to the value of 40 grams gold to the complainant but neither gold has been given by ops nor agreed amount has been paid to her. The pleadings and evidence led by complainant goes as unchallenged and unrebutted as ops despite appearance failed to file any written statement denying allegations of the complainant. From the perusal of evidence led by complainant, it is established on record that she is consumer of ops and they were under liability either to give gold or to make refund of agreed amount to the complainant. Therefore, ops are bound to discharge their above said liability which they have failed to discharge. So, the case of complainant is duly proved on record. In our considered opinion, the complainant is legally entitled to an amount of Rs.1,64,000/- from ops as prayed for by the complainant. Non payment of amount of complainant clearly amounts to deficiency in service as well as unfair trade practice on the part of ops and as such complainant is also entitled to compensation and litigation expenses from the ops besides refund of above said amount.
6. In view of our above discussion, we allow this complaint and direct the opposite parties to pay the amount of Rs.1,64,000/- alongwith interest @6% per annum from the date of filing of present complaint i.e. 12.2.2020 till actual realization to the complainant. We also direct the ops to further pay a sum of Rs.15,000/- as compensation for harassment including litigation expenses to the complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced Member Member President,
Dated: 24.05.2022. District Consumer Disputes
Redressal Commission, Sirsa.
JK
