F I N A L  O R D E R

Subir Kumar Dass, Member – This consumer complaint under section 35 of the C.P. Act, 2019 has been filed by the complainant Sunil Jaiswal nee Sunil Kumar Jaiswal 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 :-

       The complainant invested a sum of Rs.81,400/- on 06/06/2012 with the scheme of the O.ps. namely “Q-Shop Plan-H Scheme” and got 1(one) certificate vide no.562019434410. The certificate was 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. On 10/11/2020 the complainant sent letters to the O.ps. requesting them to refund total redemption amount of Rs.81,400/- of the 1(one) certificate 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.81,400/- and for an order of compensation and cost.

       O.ps. were duly served with notice of this case. O.ps. entered appearance and filed w.v. on 25/01/2021. But they did not appear thereafter to contest, for which the case was ordered to be heard ex-parte against the O.ps. Hence the ex-parte hearing. The case was heard ex-parte on 05/06/2023.

POINT FOR DECISION

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

DECISION WITH REASONS

We have applied our mind and gone through the materials on record carefully. Since, the O.ps. were served with notice and they deliberately kept themselves away from the proceedings, there remains no shortage of delivering natural justice to them.

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.

The O.ps. on the other hand, only filed w.v. wherein they did not deny the material fact of the complainant having deposited the amount of Rs.81,400/- with the O.ps. Rather they contended that they are willing to make payment, but the complainant has not approached them in appropriate manner.

Thereafter, the O.ps. departed from the proceedings and neither challenged the evidence on affidavit filed by the complainant nor filed any evidence on affidavit of O.ps. The O.ps. also did not take part in the hearing of argument.

It appears that in his evidence, the complainant has fully corroborated his case of the petition of complaint and the documents filed by him 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.236/2020 is allowed ex-parte with cost against the O.ps.

O.ps. are directed to pay to the complainant the redemption amount of Rs.81,400/- with simple interest @9% per annum from the date of maturity/expiry of plan period till realization in full.

O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant.

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

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

Complainant may take this order in execution after expiry of above period and the time period for filing appeal.

Dictated & Corrected by me

 (Mr. Subir Kumar Dass)

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