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. Jeet Das and Purabi Das invested Rs. 2,27,000/- to the OP. OP issued 13 certificates in favour of Jeet Das and Purabi Das. The maturity dates of those certificates is 12.07.2018, 29.06.2018, 27.06.2018, 30.06.2018, 07.09.2018, 08.09.2018, 28.09.2018 & 04.07.2018 respectively and maturity value of those certificates is Rs. 5,04,200/-. Despite maturity, the OP did not refund the matured amount. Jeet Das and Purabi Das further allege 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, Certificate Holders have filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
The OP has contested the case by filing WV denying all the allegations of the Certificate Holders and also admitted the facts that despite several request the Certificate Holders did not produce original certificate and KYC documents for internal process of disbursement amount. There is no unfair trade practice and deficiency in service on the part of the OP. The Certificate Holders are not consumers under the CP Act. Accordingly, the OP has prayed for dismissal of the complaint.
The authorized representative of Certificate Holders filed E/chief supported by an affidavit and also relied the documents annexed with the complaint petition. Despite given several opportunities, the OP did not file E/chief.
We have considered the argument of the Ld. Advocate for Jeet Das and Purabi Das and examined the record.
It is not in dispute that the Jeet Das and Purabi Das invested Rs. 2,27,000/- to the OP against 13 certificates dated 12.07.2018, 29.06.2018, 27.06.2018, 30.06.2018, 07.09.2018, 08.09.2018, 28.09.2018 & 04.07.2018 respectively. The maturity date of those certificates is 12.07.2018, 29.06.2018, 27.06.2018, 30.06.2018, 07.09.2018, 08.09.2018, 28.09.2018 & 04.07.2018 respectively. Despite several request, OP did not pay the matured amount to the Certificate Holders. OP is fully aware that they are liable to pay the matured amount to the complainant on its maturity. Certificate Holders invested their hard earned money with the OP. The OP is deliberate to make illegal gains and to deprive the Certificate Holders from their lawful right. In fact, the OP withhold the maturity amount which no doubt deceitful manner of trade.
OP has not filed their E/chief denying the allegations made in the complaint petition. Authorized representative of the Certificate Holders in his affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that Certificate Holders have 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 Certificate Holders. Had the Certificate Holders not invested their money to the OP, they would have invested the same elsewhere. Certificate Holders cannot be wait indefinitely to get the matured amount. Certificate Holders have 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, Certificate Holders have to wage a long drawn and tedious legal battle. In these circumstances, the Certificate Holders are 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 ex parte against the OP with the following directions :-
- OP is directed to pay matured amount of Rs. 5,04,200/- (Rupees five lacs four thousand two hundred) only to the Certificate Holders named Jeet Das and Purabi Das .
- OP is further directed to pay Rs. 10,000/- (Rupees ten thousand) only as compensation to the Jeet Das and Purabi Das on account of mental agony and physical harassment.
- OP is also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the Jeet Das and Purabi Das.
The above directions be complied by the OP within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the Certificate Holders 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.
