Date of filing              :    30.05.2019.

Decided on                  :    24.12.2019.

J U D G E M E N T

Bibekananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant Sumit Agarwal against the O.ps. named above  alleging deficiency in service on the part of the O.ps.

        Complainant’s case, in brief, is as follows :-

       Rajkumari Agarwal, since deceased, the mother of the complainant during her life time invested a sum of Rs.3,84,900/- on 25/08/2012, 07/09/2012, 26/03/2013, 28/03/2013 & 12/06/2012 with the scheme of the O.ps. namely “Q-Shop Plan-H Scheme” and got 7(seven) certificates vide no.562008269469, 562005340647, 562005336200, 562013236520, 562013236524, 562013236544 & 562019389458. Those certificates were issued for buying complete range of goods chosen from the available brochures of the O.ps. within plan period 6 years. During the said plan period the O.ps. were unable to deliver any goods/products. Thereafter on 26/11/2017, Rajkumari Agarwal, the mother of the complainant died and then the complainant being appointed nominee of her mother submitted death maturity claim application in prescribed form before the O.p. no.1 who thereafter without assigning any reason rejected the said claim of the complainant. On 10/03/2018 the complainant sent letters to the O.ps. requesting them to refund total redemption amount of Rs.9,06,187/-(Rs.4,70,870/-+Rs.97,115/-+Rs.33,666/-+Rs.23,544 /-+Rs.2,11,892/-+Rs.47,087/-+Rs.22,013/-) of those 7(seven) certificates but the O.ps. did not refund the said amount. Hence the complaint, praying for directing the O.ps. to refund to the complainant total redemption amount of Rs.9,06,187/- and for an order of compensation and cost.

       O.ps. were duly served with notice of this case but they did not appear to contest this case, for which the case was ordered to be heard ex-parte against the O.ps. Hence the ex-parte hearing.

POINT FOR DECISION

          Is the complainant entitled to get the reliefs, as prayed for?

DECISION WITH REASONS

To prove his case, the complainant has tendered his written examination-in-chief supported by 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 him.

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

Hence,

          it is,

O R D E R E D

that the complaint case no.142/2019 is allowed ex-parte with cost against the O.ps. O.ps. are directed to pay to the complainant the redemption amount of Rs.9,06,187/- with simple interest @6% per annum from the date of filing of this case till realization in full after deducting charges for pre-mature withdrawal as per terms and condition of the scheme together with interest @6% per annum from the date of filing of this complaint till payment.

O.ps. are further directed to pay Rs.5,000/- as compensation and Rs.3,000/- as litigation cost to the complainant.

All such payment shall be made within 2(two) months from this date of order.

Let plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me.

(Bibekananda Pramanik)

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

Howrah.