FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Brief facts of the case are that, the Complainant invested Rs.20,000/- on 15/09/2012 against Certificate No. 562006752901 with the OPs under “Q Shop Plan – H. Despite maturity the OPs did not refund the maturity amount of that certificate. Finding no other alternative, complainant issued Legal Notice dated 09/11/2020 through her Ld. Advocateto the OP-2 by speed Post and to the OP1 by hand 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 exparte.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the Complainant has taken us through the Consumer Complaint as also the evidence adduced of the complainant. On perusal of photocopy ofthe certificate being No. 5620036752901 dated 15/09/2012issued by the OP to the Complainant it is clear that vide that certificate the Complainant invested Rs.20,000/- to OPs under Sahara Q Shop Plan – H Scheme. It is also clear from that certificate that OPs had agreed to give the cumulative benefits as per Terms and Conditions of the said Scheme. The Complainant has categorically alleged that OPs have failed to give the cumulative benefits as per Terms and Conditions of the said Scheme. 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 Complainant has invested an amount of Rs.20,000/- under Sahara Q Shop Plan - H Scheme for certain period. Complainant has invested her hard earned money with the OPs.Undoubtedly, the Ops have possessed Rs.20,000 paid by the Complainant for a certain period on which they must have availed the interest. The Complainant did not have avail any services. Hence the act of the OPs prove deficiency in service and their indulgence into unfair trade practice, which not only resulted in the present unnecessary litigation, but has certainly caused unprecedented harassment to the Complainant. Complainant cannot wait indefinitely to get matured amount. 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 Principal Amount invested under Sahara Q Shop Plan - H along with compensation and litigation cost.
Thus, the consumer complaint is allowed with following directions:-
- OPs are jointly and severally directed to refund the principal amount of Rs.20,000/- along with cumulated benefits as prescribed in the said plan to the complainant within 60 days from today.
- OPs are also jointly 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.
