DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

C.C. No. 85 of 16-04-2019

Decided on : 29-11-2021

Gurinder Kumar aged about 38 years, S/o Darshan Kumar R/o # Patel Marg, Ward No. 10, Near Railway Station, Budhlada, District Mansa. ........Complainant

Versus

1. Sahara Q Gold Mart Limited, Sahara India Bhawan, 1- Kapurthala Complex, Lucknow – 226024 (U.P.)

2. Sahara Q Gold Mart Limited, Branch Centre Cod 2700, Branch Office, Amrik Singh Road, Bathinda. (Deleted vide order dated 4-7-2019)

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Kanwar Sandeep Singh, President

Sh. Shivdev Singh, Member.

Smt. Paramjeet Kaur, Member

Present

For the complainant : Sh. Gurinder Singh, Complainant in person

For opposite parties : OP No. 1 exparte

OP No. 2 deleted

ORDER

Kanwar Sandeep Singh, President

1. The complainant Gurinder Singh (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against Sahara Q Gold Mart Limited (here-in-after referred to as opposite parties).

2. Briefly stated the case of the complainant is that he booked 33.00 gm (22 Karat) Gold quantity under particular Advance Book/Purchase on Gold Bank under Sahara Q Gold Mart Limited on dated 23.7.2012 with the opposite party by paying an amount of Rs. 58,369/-. The opposite party allotted booking I.D. No. 27004700023, Serial No.092000737043, Receipt No. 912004915198 dated 23-7-2012 through the office of opposite party No.2. The complainant paid an amount of Rs. 58,369/- to Mr. Parveen Kumar, Employee code 26800 at the office of opposite party No. 2. The opposite parties issued a proper receipt serial No. 92000737040, receipt No. 912004915198h which bears Hologram No.992026778413.

3. It is alleged that the tenure of the plan was 5 years and the gold was to be delivered to the consumer after 5 years from the date of issue of the receipt. As per the scheme, the company has to pay an amount of Rs. 93,390/- as on 24.07.2017. Under this plan a consumer/customer can book/purchase minimum 4gms and above gold quantity by paying 62.50% of the actual market value of booked gold quantity. The complainant booked the gold quantity on 23.07.2012 and the tenure of 5 years comes to an end on 23.07.2017. As per the plan, the opposite parties have to make the payment to the complainant up till 24.07.2017.

4. It is further alleged that after the tenure was over, the complainant approached the opposite parties and requested to make the payment by producing the original receipt issued by them, but they did not bother. Thereafter the complainant also written a letter dated 01.08.2018 to the opposite parties calling upon them to make the payment, but to no effect. The opposite parties are harassing the complainant with malafide intention. The opposite parties have no right to sit upon the amount invested by the public and complainant. Hence there is deficiency in services on the part of opposite parties. The complainant is suffering huge financial losses at the hands of opposite parties, for which he claims compensation.

5. Registered A.D. notice of the complaint was sent to the opposite parties. On the statement of complainant, name of opposite party No. 2 was deleted from the array of the opposite parties.

6. Despite service of notice, none appeared on behalf of opposite party No. 1 and as such, exparte proceedings were taken against opposite party No. 1.

7. In order to prove ex-party claim, complainant tendered into evidence photocopy of payment receipt (Ex.C-1), photocopy of letter (Ex.C-2), photocopy of postal receipt ( Ex.C-3) and his affidavit dated 16-4-2019 (Ex. C-4).

8. We have heard complainant and gone through the record carefully.

9. To prove his case, the complainant has placed on file copy of receipt issued by the opposite parties which reveals that complainant booked 22.00 gms (22 Karat) Gold quantity under particular Advance Book/Purchase on Gold Bank on 23-7-2012 by paying an amount of Rs. 58,369/- vide Receipt Serial No. 92000737040 and Receipt No. 912004915198 dated 23-7-2012 which bears Hologram No. 992026778413. The booked gold value was Rs. 93,390/-. This amount was received by one Parveen Kumar having Employee Code No. 26800 of the opposite parties. The complainant has tendered his affidavit (Ex. C-4) wherein he deposed that tenure of the plan was 5 years and after 5 years from the date of issue of receipt, the company has to pay an amount of Rs. 93,390/- as on 24-7-2017.

10. The opposite party, despite service of notice, failed to appear before this Commission to contest the case and rebut the evidence of complainant. In such circumstances, the version of the complainant has to be believed. The complainant has invested the amount, which was to mature on 24.7.2017. The complainant has asserted that opposite party No. 1 has failed to refund amount despite his repeated requests. Thus, there is deficiency in service on the part of opposite party No. 1 in not making payment of due amount to complainant.

11. Resultantly, this complaint is partly allowed against opposite party No. 1 with. 10,000/- as cost and compensation. The opposite No. 1 is directed to pay to complainant Rs. 93,390/- with interest @9% P.A. from the date of maturity/completion of tenure, till payment.

12. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

13. The complaint could not be decided within the statutory period due to heavy pendency of cases.

14. Copy of order be sent to the parties concerned free of cost. File be consigned to the record room.

    Announced :

    29-11-2021 (Kanwar Sandeep Singh)

    President

     

     

    1. 1. 1. 1. Shivdev Singh)

    (Paramjeet Kaur) Member

    Member