FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN,MEMBER
This is an application U/S..35 of the C.P. Act, 2019.
The case of the complainant, in brief; is that the complainant had been convinced from a local agent about the lucrative business norms for double the money after maturity of certificates through Sahara India and deposited a sum of Rs,20.000/ (Rupees twenty thousand) only vide Receipt No.246910354063 & certificate NO.478013764067 on 25/11/2010 and having maturity amount 50,708/ and maturity date-25/11/2020 under (SAHARA INDIA REAL ESTATE CORPORATION LIMITED) another deposit amount of Rs 23.800 dated 28.05.2012 vide receipt no.71022480606 & Certificate No.562015423015 under( SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED) for accumulated LBP benefit. and to deliver Sahara Q shop Hospitality products which was committed at the time of deposit of the amount.The total sum of Rs,43,800/ (Rupees Forty three thousand eight hundred) deposited by the complainant. The OPs did not pay the matured amount along with interest.The complainant send a letter dated 15.06.2022 through his Ld.Advocate and asked for refund of the deposited and maturity amount within 10 days from the date of the receipt of the letter. But OPs did not pay attention to redress the grievances of the complainant. There is deficiency in service and unfair trade practice on the part of the OPs. Finding no other alternative, complainant filed the instant consumer case praying for direction upon the OPs to refund the deposited amount of Rs,43,800/ along with delay payment @18% P.A with a compensation of Rs,50,000 due to mental agony,harassment and financial loss and a litigation cost of Rs,50,000.
The complainant also filed one MA/526/2022 as one of the OP no.1 is beyond the territorial jurisdiction of the Ld.commission but the instant complainant is covered under section 34(2)(b) of the Act 2019 where the OP2 is within the jurisdiction of the Ld. Commission. The said MA is allowed and MA/526/2022 is disposed of.
Despite service of notice, the OP did not turn up to contest the case.
As such, the case has proceeded ex parte against the OP.
Decision with Reasons
Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of both the money receipts and certificates dated 25.11.2010 & 28.05.2012, we find that the complainant invested Rs. 43,800/- to the OPs. The maturity date of those investment already completed. In spite of maturity, the OP failed to discharge their contractual obligations regarding payment of both the amounts
The OP is fully aware that they are liable to pay the matured amount including interest thereon to the complainant. Complainant invested his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right withheld the invested amount. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the invested amount of Rs. 43,800/- along with accrued interest thereon since 25/11/2010 and 28.05.2012 till date which no doubt adopted deceitful manner of trade. The OPs have opted not to file written Version despite of service of notice of complaint, the above allegations of the complaint is deemed to have been admitted as correct. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs. 43,800/- the OPs have failed to refund the maturity amount. In absence of any explanation for failure to comply with the stipulation of refund of maturity amount, we have no hesitation in concluding that the OPs have committed deficiency in service and also has indulged in unfair trade practice.
The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has invested Rs. 43,800/- to the OPs for his financial gain. The OPs failed and neglected to pay matured amount with interest since 25/11/2010 and 28.05.2012 to the complainant and the act and conduct of the OPs are a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested his money with the OPs, he would have invested the same elsewhere. The complainant cannot be wait indefinitely to get the matured amount. The complainant has suffered mental agony, pain and harassment. It is settled principle 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 refund of matured amount with interest, compensation and litigation cost.
In the result, the case succeeds in part.
Hence,
Ordered
That the complaint case be and the same is allowed Ex-parte against the OPs with litigation cost of Rs. 5,000/- (Rupees five thousand) only.
OPs are directed to refund matured amount as per the certificate annexed of the invested money of Rs. 43,800/- (Rupees forty three thousand eight hundred) only along with interest @12% per annum since 25/11/2020 till realization along with litigation cost to the complainant within 60 days from the date of this order.
OPs are further directed to pay Rs. 20,000/- (Rupees Twenty thousand) only as compensation for causing mental agony, pain and harassment to the complainant within the stipulated period.
Complainant put the order in execution, if the OP transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.
