Date: 28.10.2022
Judgement
The case is taken up for passing ex parte judgement.
The case of the complainant in short is that the complainant availed a Fixed Deposit scheme under the “Q Shop Plan-H” [PLAN – H”] of the opposite parties on 07.09.2012 by way of a Fixed Deposit Certificate of Rs.6,000/- (Rupees Six Thousand) only with the maturity date 08.09.2018 and maturity amount of Rs.14,100/- (Rupees Fourteen Thousand and One Hundred) only. The detail of Fixed Deposit Certificate is as follow:
Sl. No. | Receipt No. | Issued Dt. as per Certificate | Certificate No. | Customer ID | Amount Invested Rs. | Maturity Dt. as per Certificate | Maturity Value Rs. |
1. | 71022496281 | 07.09.2012 | 562006757370 | 816172005157 | 6,000/- | 08.09.2018 | 14,100/- |
On maturity of the above mentioned certificate the complainant requested the opposite parties for making payment of the maturity value of the Fixed Deposit certificate but to no effect.
Thereafter on 25.03.2022, the complainant sent a notice to the Branch Manager, Sahara Q Shop Unique Products Range Ltd. for refund of the total matured amount. But the complainant has not received any reply of the same from the opposite parties till date. Being aggrieved the complainant finding no other alternative filed the instant Complaint Case against the opposite parties as they are responsible for deficiency in service.
It transpires from the record that the notices were served upon all the two opposite parties but they did not appear in the case to contest the same. As such the case was fixed ex parte as against all the opposite parties.
Complainant by filing his evidence in the form of affidavit in chief submitted that being convinced by a local agent of the opposite parties he deposited Rs.6,000/- only as Fixed Deposit with the opposite parties under the “Q Shop Plan-H” [PLAN – H”] on 07.09.2012. The maturity date of the Fixed deposit was on 08.09.2018.2018 and maturity amount of Rs.14,100/- only. The complainant further stated that he applied for refund of maturity amount vide letter dated 17.03.2021. In spite of service of notice upon the opposite parties they did not pay any heed to it. According to the complainant, the opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.
The original certificates of Fixed Deposit under name and style “Q Shop Plan-H” [PLAN – H”] filed along with affidavit in chief are marked as Exhibit-1.
On perusal of the evidence on affidavit of the complainant and Exhibit-1 (Original Certificate) under the name and style “Q Shop Plan-H” [PLAN – H”] we find that complainant vide Certificate No. 562006757370 Receipt No. 71022496281 deposited a sum of Rs.6,000/- only with the opposite parties with terms and conditions of the total accumulated LBP benefit of 2.35 times of Global Advance and it is based on certain/specific consumption pattern of “Q Shop Plan-H” [PLAN – H”] goods and or hospitality products.
According to the complainant the maturity amount as on 08.09.2018 was Rs. 14,100/- only. After the maturity period the complainant applied for refund of the maturity amount but to no avail. So, opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.
In view of the above discussion, it is crystal clear that the complainant has been able to prove the case by his unrebutted and unchallenged evidence. We do not have any hesitation to hold that opposite parties have caused deficiency in service for which the complainant was compelled to file the case.
Therefore, the case of the complainant succeeds.
Hence, it is
ORDERED
That the Complaint Case be and the same is allowed ex parte as against all the opposite parties.
Opposite Parties are directed to pay jointly and/or severally of Rs.14,100/- (Rupees Fourteen Thousand and One Hundred) only along with interest @ 9% per annum from the date of filing of the case i.e. 02.03.2022 till realization of entire amount in favour of Complainant within 1 (One) month from the date of communication of this order.
Opposite Parties are directed to pay jointly and/or severally compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment to the Complainant within 1 (One) month from the date of communication of this order i.d. to pay interest @5% per annum till the date of realization.
Let a copy of this judgement be supplied to the complainant free of cost.
