F I N A L O R D E R
Subir Kumar Das, Member – This consumer complaint under section 35 of the C.P. Act, 2019 has been filed by the complainant Md. Irfan Ali against the O.ps. named above alleging deficiency in service on the part of the O.ps.
Complainant’s case, in brief, is as follows :-
The complainant invested a sum of Rs.70,000/- on 27/02/2014 with the scheme of the O.ps. namely “Q-Shop Scheme” and got 1(one) certificate vide no.893002210072. The certificate was issued for buying complete range of goods chosen from the available brochures of the O.ps. within plan period 6 years. During the said plan period the O.ps. were unable to deliver any goods/products. On 02/01/2021 the complainant sent letters to the O.ps. requesting them to refund total redemption amount of Rs.70,000/- of the 1(one) certificate but the O.ps. did not refund the said amount. Hence the complaint, praying for directing the O.ps. to refund to the complainant total redemption amount of Rs.70,000/- and for an order of compensation and cost.
O.ps. were duly served with notice of this case but they did not appear to contest, for which the case was ordered to be heard ex-parte against the O.ps. Hence the ex-parte hearing. The case was heard ex-parte on 07/02/2023.
POINT FOR DECISION
Is the complainant entitled to get the reliefs, as prayed for?
DECISION WITH REASONS
We have applied our mind and gone through the materials on record carefully. Since, the O.ps. were served with notice and they deliberately kept themselves away from the proceedings, there remains no shortage of delivering natural justice to them.
To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents in support of his case.
We have gone through the said evidence of the complainant and the documents filed by him.
It appears that in his evidence, the complainant has fully corroborated his case of the petition of complaint and the documents filed by his also lend support to the case of the complainant. So in view of the said evidence of the complainant and the documents filed by him, remaining un-challenged, it is held that the complainant’s case is proved and he is entitled to get the reliefs as sought for.
Hence,
it is,
O R D E R E D
that the complaint case no.60/2021 is allowed ex-parte with cost against the O.ps.
O.ps. are directed to pay to the complainant the redemption amount of Rs.70,000/- with simple interest @9% per annum from the date of filing of this case till realization in full.
O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant.
All such payment shall be made within 2(two) months from this date of order.
Let copy of this order be given to the complainant free of cost.
Dictated & Corrected by me
(Mr. Subir Kumar Dass)
Member, D.C.D.R.C., Howrah