SHRI SWAPAN KUMAR MAHANTY, PRESIDENT  

This is an application u/s.12 of the C.P. Act, 1986.

The case of the complainant, in a nut shell ; is that he deposited Rs.2,96,800/- to the OP-1 in Fixed Deposit and the OPs issued 19  Nos. of certificates under the name and style of Sahara ‘Q’ Shop Unit Products Range Limited , Plan-H.  The tenure of Fixed Deposits were 72 months and the date of maturity of those certificates were 21.08.2018 and 25.08.2018 respectively. In spite of maturity, the OPs failed and neglected to refund the matured amount of those Fixed Deposits. Finding no other alternative, complainant lodged a complaint to the Assistant Director, Consumer Affairs Department, Govt. of West Bengal, Kolkata on 03.10.2018, but the mediation failed. The complainant alleged that acts, activities and conduct  of the OPs constitute a clear cut case of deficiency in service and unfair trade practice. The complainant has prayed for direction upon the OPs to refund the maturity amount of Fixed Deposit Receipts along with compensation and litigation cost.

            Despite of service of notices, the OPs did not turn up to contest the case. As such, the case has proceeded ex parte against the OPs.

Points for determination :

1)         Whether the OPs are deficient in rendering service to the complainant ?

2)         Whether the OPs have indulged in unfair trade practice?

3)         Whether the complainant is entitled to get the relief as prayed for ?

Decision with Reasons

Points Nos. 1 to 3 :

            All the points are taken up together for the sake convenience and brevity in discussion.

            Upon perusal of the complaint petition coupled with the evidence on record, including the photocopies of certificates being Nos. 562014039338 to 562014039341, 562014039456 to 562014039468 it appears to us that complainant invested Rs.2,96,800/- in 19 nos. of  Fixed Deposit Receipts  to  OP-3 and its maturity dates were 21.08.2018 and 25.08.2018 respectively.  In spite of maturity, the OPs failed and neglected to pay the matured amount of Rs.6,32,184/-  to the complainant though the OPs are fully aware that they are liable to refund the maturity amount of those Fixed  Deposit Receipts to the complainant on its maturity. The principal amount is lying with the OPs till date, the activities and the act of the OPs constitute a sheer deficiency in service. The OPs are holding public money for their own gain and expansion of business. The OPs also harassing the public who invested their hard earned money relying on the assurance of the OPs. The attitude of the OPs tantamount to unfair trade practice and in fact, they withhold the maturity amount which no doubt adopted deceitful manner of trade and by that act complainant did not get back the matured amount. In spite of repeated request the OPs were reluctant to pay the matured amount.

            Having regard to the facts and circumstances of the case coupled with evidence and documents on record, we are of the view that the complainant has established his case for which he is entitled to get relief as prayed for.

            In the result the case merits succeeds.

 Hence,

Ordered

`           That the complaint case be and the same is allowed ex parte  against  the OPs with litigation cost of Rs/.2,000/- (Rupees two thousand) only.

            The OPs are directed to refund the maturity amount of 19 Nos.,  Fixed Deposit  Receipts of Rs.6,32,184/- ( Rupees Six lakhs thirty-two thousand one hundred eighty-four) only to the complainant  along with litigation cost within 60  (sixty) days from the date of this order..

            The OPs are further directed to pay Rs.5,000/- (Rupees five thousand) only  as compensation  for mental agony and harassment to  the complainant within the stipulated period. 

Liberty be given to the complainant to put the order in execution, if the OPs transgress to comply the order.