Dt. of filing – 10/04/2019
Dt. of Judgement – 08/01/2020
Mrs. Sashi Kala Basu, Hon’ble President
This consumer complaint is filed by the Complainant namely Pradip Chakraborty under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely 1) Branch Manager, Sahara Q Shop Unique Products Range Limited, Garia Branch, Kolkata -700 084 and 2) Sahara Q Shop Unique Products Range Limited, Aliganj, Lucknow-226024 alleging deficiency in service on their part.
Case of the Complainant in short is that he deposited a sum of Rs.38,400/- only under the Fixed Deposit Scheme introduced by the Opposite Parties being Certificate No.562014034086, Customer ID No.816902000589 (Q Shop Plan H-Scheme) dated 31/07/2012 for a period of six years. The said money was deposited with the Garia Branch i.e. Opposite Party No.1. The Fixed Deposit was matured on 31/07/2018. So Complainant went to the Office of Opposite Party No.1 for collecting the matured amount of Rs.90,240/- but the Opposite Party No.1 did not pay any heed. Thereafter, on several occasions the Complainant approached the Opposite Party No.1 but all in vain. So ultimately he has filed the present case praying for directing the Opposite Parties to pay maturity sum of total Rs.90,240/- along with accrued interest, to pay compensation of Rs.50,000/- for physical harassment, Rs.20,000/- for mental agony and litigation cost of Rs.10,000/-.
Complainant has filed the said certificate and the receipt and also letter sent to the Opposite Parties by the Complainant and through his Ld. Advocate.
On perusal of the record it appears that inspite of the service of notice no step was taken by the Opposite Parties and thus vide order dated 19/6/2019 the case was fixed for ex-parte hearing.
During trial Complainant has filed his examination in chief on affidavit. Ultimately argument has been advanced.
So only point requires determination is:
Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons
In order to substantiate his claim that a sum of Rs.38,400/- was deposited with the Opposite Party under Fixed Deposit Scheme (Q Shop Plan H-Scheme), Complainant has filed the Certificate being no. 562014034086 and Customer ID No.816902000589. He has also filed the receipt bearing no.71011122547 showing amount of Rs.38,400/- was paid to the Opposite Party. On perusal of the terms and condition appearing in the said certificate it appears that there is no specific date mentioned regarding maturity of the said deposited amount. It appears that the Customer/Complainant was entitled to the cumulative benefit of earning LBP in 72 months suggesting that the Customer was entitled to the said cumulative benefit after six years. Terms and condition mentioned therein also appears to be subject to consumption of the product therein and thus earning the points. However, as apparently a sum of Rs.38,400/- was paid by the Complainant to get the said benefit and the same has not been paid to him by the OP, Complainant is entitled to the amount as per the terms and condition mentioned therein especially when before this Forum there is absolutely no contrary material to counter the claim of the Complainant. However, in the given facts and situation of this case, we find no justification to allow compensation as prayed.
Hence,
ORDERED
CC/221/2019 is allowed ex-parte.
Opposite Parties are directed to pay the matured sum to the complainant as per the terms in the Certificate being no. 562014034086 within 2(Two) months from the date of this order subject to handing over of the said certificate and the receipt to the OP.
They are further directed to pay litigation cost of Rs.10,000/- within the said period of 2(Two) months.
