FINAL ORDER / JUDGEMENT

The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the Complt. by the O.P.s. The Complt. invested a corpus of Rs. 56,000/- under Q Shop Plan-H, as Global Advance Money vide a certificate (details of which have been mentioned in Annexure, A in the petition by the Complt.) provided by the O.Ps. to purchase a complete  range of goods chosen from the available brochures of the O.P.s. over a period of 6 years. However, during the time period of 6 years, the Complt. did not receive any goods or services from the O.P.s and after the expiry of the said time frame, she deposited all her documents to O.P. 1, praying for refund of the money. O.P. 1 had not received the certificate, but assured to issue a cheque in her favour after few months. As mentioned in Annexure B, the Complt. sent letter to the O.P.s, requesting them to pay her the due, but till date not a single penny has been received by the Complt. The Complt. alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the O.P.s. Thus the Complt. prays to this Commission for:

1. Compensation of Rs. 1,00,000/- from the O.P.s for mental harassment and financial negligence.
2. Direction to the O.P.s to refund the total Global amount of Rs. 56,000/- along with interest from the date of payment till the realization of such amount.
3. Simple interest upon all dues from the O.P.s till realization of such amount
4. Direction to the O.P.s to pay litigation cost of Rs. 20,000/- to the Complt.
5. Other reliefs

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove his case Complt. has tendered her written examination-in-chief supported by evidence on affidavit and she has also filed photocopies of all relevant documents in support of her case.

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

                It appears that in his evidence the Complt. has fully corroborated her case of the petition of the complaint and the documents filed by her also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by her, remaining un-challenged, it is held that the Complt.’s case is proved and she is entitled to get the reliefs as sought for.

              Hence,

                            It is,

                                          ORDERED

       That the instant case no. 77/2020  is allowed ex-parte with cost against the O.P.s

        O.P.s are directed to pay the Global Advance Money of amount of Rs. 56,000/- to the Complt. as per terms and conditions mentioned in the scheme, along with interest @6% from the date of maturity of the policy in question till realization of the full amount.

        O.P.s are categorically directed to pay compensation of Rs. 10,000/- to the Complt. for mental harassment and financial negligence.

         O.P.s are also directed to pay Rs. 5,000/- as litigation cost to the Complt.

         All such payments shall be made within 45 days from the date of this order.

          Let a free copy of this order be given to the Complt. free of cost.

 Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.                   

                                 Babita Chaudhuri         Sankar Kumar Ghosh

                                         Member                            President

                                 D.C.D.R.C., Howrah          D.C.D.R.C., Howrah