Punjab

Ludhiana

CC/20/340

SanjayJain - Complainant(s)

Versus

Sahara Q Shop Unique Producs Range Limited - Opp.Party(s)

Rajiv Goyal Adv.

29 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 340 dated 09.12.2020.                                                    

    Date of decision: 29.07.2021. 

 

Sanjay Jain, aged about 49 years, son of Sh. Om Parkash Jain, resident of # E-36, Royal View Executive Omax Royal Resident, Pakhowal Road, Dad, Ludhiana-142002.                                                                                                                                                                                       ..…Complainant

                                                Versus

1. Sahara Q Shop Unique Products Range Limited, Registered Office Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lukhnow-226024, through its Authorized Signatory/Managing Director.
2. Sahara India Parivar, B-I/367, Guru Nanakpura, Opposite Petrol Pump, Near Kailash Cinema Chowk, Civil Lines, Ludhiana-141001, through its Branch Manager.                                                                                                                                                                …..Opposite parties 

Complaint under Consumer Protection Act, 1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS. JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Rajiv Goyal Advocate.

For OPs.                         :         Exparte.

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that he invested a sum of Rs.21,800/- in cash with the OPs on 26.05.2012 for a period of six years. It was agreed that the OPs will pay a sum of Rs.68,234/- to the complainant against the invested amount on 25.05.2018, being 2.13 times of the invested amount. OPs also issued ne certificate in this regard. After the date of the maturity, the complainant tried to submit the certificate with the office of OP2 for release of the maturity amount of Rs.68,234/- on 25.05.2018, but OP2 failed to release the same despite the repeated requests. Even a legal notice dated 24.01.2020 failed to evoke a positive response from the OPs. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to pay a sum of Rs.68,234/- along with compensation of Rs.15,000/- and litigation expenses of Rs.10,000/-.

2.                Upon notice, OPs did not appear despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit as Ex. C1 along with documents Ex. C2 to Ex. C5 and closed the evidence.

4.                We have heard the counsel for the complainant and have also gone through the record.

5.                In his affidavit Ex. C1, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the copy of receipt Ex. C2 issued by the OPs at the time the amount of Rs.21,800/- was invested. The complainant has further proved on record the copy of legal notice Ex. C3 and postal receipts Ex. C4 and Ex. C5. Though the exparte evidence has gone unrebutted on the file, the certificate/receipt Ex. C2 reveals that the maturity amount of Rs.68,234/- has not been mentioned therein. Even rate of interest also not mentioned in the receipt/certificate Ex. C2. It has been claimed that the amount was invested for a period of six years. No agreement has been proved on record that the OPs agreed to pay 2.13 times of the invested amount after six years. In these circumstances, the complainant cannot be held entitled to a sum of Rs.68,234/ as claimed in the complaint. However, in our considered view, it would be just and proper if the OPs are directed to pay invested amount of Rs.21,800/- along with interest @8% from 26.05.2012 till date of actual payment along with composite costs of Rs.10,000/-.

6.                As a result of above discussion, the complaint is allowed exparte with an order that the OPs shall be jointly and severally liable to pay the maturity amount of Rs.21,800/- to the complainant along with interest @8% per annum  from 26.05.2012 till date of actual payment. OPs shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jyotsna Thatai)                              (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:29.07.2021.

Gobind Ram.