FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that M/s Sahara Q Shop Unique Products Range Ltd. is a financial Institution. Complainant invested total Rs. 2,09,300/- to the OP-3 on 01.06.2012, 02.06.2012, 13.08.2012 and 07.09.2012. OP-1 issued 11 certificates in faovur of the complainant. The maturity date of those certificates is 06.09.2018. Despite repeated request and legal notice dated 28.07.2020, the OPs did not refund the matured amount of Rs. 4,92,776/-. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
The OPs filed their WV denying the material allegations made in the consumer complaint. The specific case of the OPs is that despite several reqeust Complainant did not produce original certificates including KYC document for interanl process of disbursement of mature amount. There is no unfair trade practice and deficiency in service on the part of the OPs. Accordingly, the OPs have prayed for dismissal of the complaint.
Complainant has filed her evidence supporting the allegations made in the complaint petition. She has also filed various documents in support of her case. Despite given opportunities, the OP failed to file their E/chief.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that complainant invested Rs. 2,09,300/- to the OP-3 on 01.06.2012, 02.06.2012, 13.08.2012 and 07.09.2012. OP-1 issued 11 certificates to comlainant and its maturity date is 06.09.2018. Despite several request and legal notice dated 28.07.2020, OPs did not pay the matured amount to the complainant. OPs are fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested her hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
Complainant in her affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money to the OPs, she would have invested the same elsewhere. sHe cannot be wait indefinitely to get the matured amount. The complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to get the maturity amount of Sahara Q Shop Unique Products Range Ltd. along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part on contest against the OPs with following directions :-
- OPs are directed to pay matured amount of Rs. 4,92,776/- (Rupees four lacs ninety two thousand seven hundred seventy six) only to the complainant .
- OPs are further directed to pay Rs. 50,000/- (Rupees fifty thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
