Hon’ble Mr. Sudip Niyogi, President
This case arises out of a complaint u/s 12 of the Consumer Protection Act, 1986. The case of the Complainant, in a nut shell, is that he had purchased some Certificates, 14 in number, the description of which has been given in the complaint. The said certificates were matured on different dates in the year 2017 and 2018. Subsequently, on maturity, on being approached by the Complainant, the Ops failed to make payment of amount on maturity. Even, a written complaint filed by the Complainant with the OP No.1 did not receive any positive response and finally, he was compelled to file this case praying for relief (s) as prayed for.
The OPs contested this case by filing a written version and also evidence on affidavit denying the allegation of the Complainant. However, they have disputes with SEBI and as there is an embargo by Hon’ble Apex Court in respect of the properties of the OPs, they are not in a position to make any payment to the Complainant. So, they prayed for dismissal of the case.
POINTS FOR CONSIDERATION
- Is the instant case is maintainable?
2.Is the Complainant entitled to get any relief?
- To what other relief, if any, Complainant is entitled?
DECISION WITH REASONS
All the points are taken up together for consideration.
During argument, Ld. Agent appearing for the OPs did not raise any question regarding the maintainability of the instant case. The Ops, in their written version and evidence, did not raise any dispute about the purchase of certificates by the Complainant from them. The said certificates were matured and it is also not disputed. No paper relating to the matter pending with the Hon’ble Apex Court has been produced by the Ops.
Here, the Complainant, who had made investment with the Ops, should not be deprived of the returns from his investment. As on maturity of his investment, the Complainant did not get back his return, he legitimately can claim the matured amount from the Ops. Therefore, the Complainant is entitled to the relief as prayed for. With this, all the issues are disposed of.
Hence,
It is ordered
That the instant case be and the same is allowed on contest.
The Ops are directed to pay the amount on maturity which is Rs.1,63,865/- with interest @ 6% from the date of maturity of the certificates.
This apart, Ops are directed to pay Rs.5,000/- for mental pain and harassment and Rs.3,000/- for litigation cost.
Both the Ops are jointly, and/or, severally liable to pay the said amount within 60 days from this date, failing which the entire awarded sum will carry interest @6% per annum till actual payment.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
