J U D G E M E N T

Mrs. Babita Chaudhuri, Hon’ble Member:-  This is an application under section 24A of Consumer Protection Act, 1986 filed by the complainant/petitioner, Ratan Lal Daga 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, Ratan Lal Daga invested into the company of the OPs as total Global Advance Money amounting to Rs.88,550/- under “Q Shop Plan-H” and got 4 (four) certificates (mentioned in detail in the petition of complaint) provided by the OPs (as Annexure ‘A’, ‘B’, ‘C’ & ‘ D’) for buying complete range of goods chosen from the available brochures of the OPs within the plan period of 6(six) years and during the said plan period OPs were unable to deliver any goods/products as per their specification of said certificates to the complainant and after expiry of said plan period complainant deposited all the original papers and documents to OP No. 1 and OP No. 1 at that time did not receive the same but assured the complainant that after few months they will issue a cheque in favour of the complainant. However, after passing day after day complainant sent letters on 30/10/2019 (as Annexure ‘E’) through speed post to the OPs with the request to pay his total global advance money against the said 4(four) certificates but, OPs did not respond and tried to ignore the request of the complainant and till date OPs did not pay any single amount in favour of the complainiant as per said 4(four) certificates.

Under the above circumstances, complainant compelled to file this case and prayed before this Ld. Commission for direction upon the OPs to refund total global advance money of Rs.88,550/- only along with interest from the date of payment till realization in full and complainant also prayed for direction upon OPs to pay a sum of Rs.1,00,000/- only as compensation for mental harassment and financial negligence caused by the OPs and complainant also prayed for direction upon OP to pay litigation cost also.

Notices of this case were duly served upon the OPs. But, OPs have filed W/V after the statutory period i.e. after 45 days from the date of delivery, as such, the instant case is going to be ex-parte against the OPs.

POINT FOR DECISION

Is complainant entitled to get relief as prayed for?

DECISION WITH REASONS

            In support of his case the complainant filed Written Examination-in-Chief supported by an 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 the complainant.

It appears that in his evidence, the complainant has fully corroborated his case of the petition of complainant and the documents filed by him 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. 377 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 refund total global advance money of Rs.88,550/- only to the complainant along 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.25,000/- (Rupees twenty five 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 copies of the order to the parties, free of cost.

Dictated & Corrected by me

  (Mrs. Babita Chaudhuri)

Member, DCDRC, Howrah