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 Sahara Q Shop Unique Products Range Ltd. is a Financial Institution. Complainant Bikash Das invested Rs. 1,05,000/- to the OP. OP issued 07 certificates to the complainant. The maturity dates of those certificate is 20.11.2018, 31.08.2018, 13.12.2018, 03.01.2019, 10.06.2019 respectively and maturity value of those certificates is Rs. 3,21,000/-. Despite maturity, the OP did not refund the matured amount. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OP.
In view of the gross deficiency in service and unfair trade practices of the OP, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
Despite service of notice, the OP did not turn up to contest the case by filing WV. Thus, the case runs ex parte against the OP.
Complainant has filed his evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of his case.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant invested Rs. 1,05,000/- to the OP against 07 certificates dated 20.11.2012, 31.08.2012, 13.12.2012, 03.01.2013 & 10.06.2013 respectively. The maturity date of those certificates is 20.11.2018, 31.08.2018, 13.12.2018, 03.01.2019, 10.06.2019 respectively. Despite several request, OP did not pay the matured amount to the complainant. OP is fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested his hard earned money with the OP. The OP is deliberate to make illegal gains and to deprive the complainant from his lawful right. In fact, the OP withhold the maturity amount which no doubt deceitful manner of trade.
OP has not filed their WV denying the allegations made in the complaint petition. Complainant in his 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 OP. The act of the OP is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested his money to the OP, he would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. 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, 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. Complainant further claims of maturity amount against 12 certificates which stand in the joint name of the complainant and Smt. Sima Das. Sima Das is not complainant of the consumer case. Thus, we are not inclined to pass any order regarding those matured 12 certificates.
Based on the discussion above, the Consumer Case is allowed in part ex parte against the OP with the following directions :-
- OP is directed to pay matured amount of Rs. 3,21,000,/- (Rupees three lacs twenty one thousand) only to the complainant.
- OP is further directed to pay Rs. 5,000/- (Rupees five thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OP is also directed to pay Rs. 2,000/- (Rupees two 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 as per rules. Upload the judgment on the website of this Commission for perusal of the parties.
