Punjab

Ludhiana

CC/20/343

Sham Sunder - 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: 343 dated 09.12.2020.                                                    

    Date of decision: 29.07.2021. 

 

Sham Sunder, aged about 47 years son of Sh. Satpal, resident of 1321, Bagh Walli Gali, Trunk Wala Bazar, Ludhiana, district Ludhiana.                                                                                                               ..…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.26,500/- on 17.05.2012, Rs.15,350/- on 22.05.2012, Rs.8,950/- on 29.05.2012, Rs.8,950/- on 30.05.2012 and Rs.26,500/- on 31.05.2012 with the OPs for a period of six years. It was agreed that against the above said invested amounts, the OPs will pay Rs.82,945/- on 17.05.2018, Rs.32,695/- on 22.05.2018, Rs.28,013/- on 29.05.2018, Rs.28,013/- on 30.05.2018 and Rs.82,945/- on 31.05.2018. As per the terms and conditions, the complainant tried to submit the certificate in respect of above said investments in the office of OP2 for the release of total amount of Rs.2,54,611/-, but OP2 refused to receive the same. The Manager of OP2 told the complainant that the amounts would be paid after a month. Thereafter, the complainant again visited the office of OP2 and demanded the aforesaid amount, but OP2 kept lingering on the matter on one pretext or the other. Even a legal notice dated 23.01.2020 failed to evoke a positive response from the OPs. Hence the complaint, whereby it has been requested that the OPs be directed to pay a sum of Rs.2,54,611/- along with interest 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. C10 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. He has further proved on record the receipts Ex. C2 to Ex. C6 whereby an amount of Rs.26,500/-, Rs.15,350/-, Rs.8950/-, Rs.8950/- and Rs.26,500/- was invested with the OPs. The complainant has further proved on record the copy of legal notice Ex. C7, postal receipts Ex. C8 and Ex. C9 and another certificate issued in the name of Poonam as Ex. C10.

6.                The exparte evidence led by the complainant has gone unrebutted on the file. From the uncontroverted exparte evidence, it has been established  that the complainant invested a total sum of Rs.86,250/- on the basis of receipts Ex. C2 to Ex. C6. Though the complainant has claimed that the OPs had agreed to pay a sum of Rs.2,54,611/- against the aforesaid investments after six years as the invested amount was agreed to be returned 2.13 times of the invested amount, but in this regard, no agreement has been placed on the file nor the amount of maturity is mentioned in the receipts Ex. C2 to Ex. C6. In these circumstances, in our considered view, it would be just and proper if the OPs are directed to pay invested amount of Rs.86,250/- along with interest @8% from 01.06.2012 till date of actual payment along with composite costs of Rs.10,000/-.

7.                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.86,250/- to the complainant along with interest @8% per annum  from 01.06.2012 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.