J U D G E M E N T

Mrs. Babita Chaudhuri, Hon’ble Member:-  This is an application under section 12 of Consumer Protection Act, 1986 filed by the complainant/petitioner, Kanchan Ojha against the OPs named above alleging the deficiency in service on the part of the OPs.

Facts of the case of the complainant, in short, is:-

That this complainant, Kanchan Ojha invested into the company of the OPs as one time investment basis scheme namely “Sahara Q Shop” a sum of Rs.11,800/- only on 07-09-2012 being Receipt No. 710274430005, Hologram No. 9212553827, Certificate No. 562005336683, Customer ID : 815852013724, and value of Refund Amount was Rs.27,730/- and Date of Maturity was on 07-09-2018.

Therefore, after completion of tenure of the said scheme complainant went to the office of the OPs so many times for clearance of the legal outstanding but OPs did not respond and ignored the request of the complainant.

Under the above circumstances, complainant compelled to file this case and praying before this Ld. Commission for directing the OPs to pay the legal maturity amount of Rs.27,730/- only as per said Certificate, damages amount of Rs.50,000/- for mental harassment and cost of present proceeding.

Notice of this case was duly served upon the OPs. OPs have filed W/V but non taking of further steps from the end of the OPs, case was ordered to be heard ex-parte against the OPs.

POINT FOR DECISION

Is complainant entitled to get relief as prayed for?

DECISION WITH REASONS

            In support of her case the complainant filed Written Examination-in-Chief supported by an affidavit in evidence and she has also filed all relevant documents in support of her case.

            We have gone through the said evidence of the complainant and the documents filed by the complainant.

It appears that in her evidence, the complainant has fully corroborated her case of the petition of complainant and the documents filed by her also lend support to the case of the complainant.

Moreover, not contesting by the OPs in the case, proved the case of the complainant otherwise as all the above oral and documentary evidence went unchallenged and there is nothing to disbelieve the case of the complainant, which proved ex-parte against the OPs.

            In view of the above discussions and findings the case succeeds.

            Hence, it is

O R D E R E D

            That Complaint Case No. 332 of 2019 be and the same is allowed ex-parte against the OPs with costs.

            The complainant/petitioner is entitled to get relief as prayed for. OPs are hereby directed to pay the total maturity amount of Rs.27,730/- (Rupees twenty seven thousand seven hundred and thirty) only in favour of the complainant with simple interest @ 6% per annum from the date of maturity of such certificate till realization in full amount within 30(thirty) days from the date of this order.

The OPs are further directed to pay Rs.10,000/- (Rupees ten thousand) only in favour of the complainant as damages for harassment and mental agony and to pay Rs.5,000/- as cost of proceeding within 30 (thirty) days from the date of this order.

            The complainant is at liberty to put the final order into execution after expiry of the appeal period.

            Supply the copy of this order to the parties, free of cost.

Dictated & Corrected by me

  (Mrs. Babita Chaudhuri)

Member, DCDRC, Howrah