West Bengal

Howrah

CC/60/2021

MD. IRFAN ALI, - Complainant(s)

Versus

The Branch Manager, Sahara Q Shop East (M/S Sahara India), - Opp.Party(s)

Sanjib Raj

28 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/60/2021
( Date of Filing : 01 Mar 2021 )
 
1. MD. IRFAN ALI,
S/O Md. Salauddin, residing at 107, Pilkhana 2nd Lane, 4th floor, P.O. Salkia and P.S. Golabari, Howrah 711 101
...........Complainant(s)
Versus
1. The Branch Manager, Sahara Q Shop East (M/S Sahara India),
Shibpur Branch, Branch Office at 169, G.T. Road (South), 2nd floor, Shibpur, P.O. and P.S. Shibpur, Howrah 711 102
2. The Area Manager, Sahara Q Shop East (M/S Sahara India),
Office at Sahara India Sadan, 2A, Shakespeare Sarani, P.O. Middleton Row and P.S. Shakespeare Sarani, Kolkata 700 071
3. The Chairman, Sahara Q Shop East (M/S Sahara India),
Registered Office at Sahara India Bhawan, 1, Kapoorthala Complex, P.O. and P.S. Aliganj, Lucknow 226024 State of Uttar Pradesh.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Smt. Babita Chaudhuri MEMBER
 HON'BLE MR. Subir Kumar Dass MEMBER
 
PRESENT:
 
Dated : 28 Mar 2023
Final Order / Judgement

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

 
 
[HON'BLE MR. Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Smt. Babita Chaudhuri]
MEMBER
 
 
[HON'BLE MR. Subir Kumar Dass]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.