Date: 28.10.2022

Judgement

The case is taken up for passing ex parte judgement.

The case of the complainant in short is that the complainant availed a Fixed Deposit scheme under the “Q Shop Plan-H” [PLAN – H”] of the opposite parties on 31.07.2012 by way of three nos. Fixed Deposit Certificates of Rs.1,20,600/- (Rupees One Lakh Twenty Thousand Six Hundred) only. The details of Fixed Deposit Certificates are as follows:

The maturity date of the certificates are mentioned in the table above. Total maturity value of the certificates was Rs.2,83,410/- only (Rupees Two Lakh Eighty Three Thousand Four Hundred and Ten only).

On maturity of the above mentioned Certificates the complainant requested the opposite parties for making payment of the maturity value of the Fixed Deposit Certificates but to no effect.

Thereafter on 26.10.2021, the complainant sent a notice to the Branch Manager, Sahara Q Shop Unique Products Range Ltd. for refund of the total matured amount.  But the complainant has not received any reply of the same from the opposite parties till date.  Being aggrieved the complainant finding no other alternative filed the instant Complaint Case against the opposite parties as they are responsible for deficiency in service.

It transpires from the record that the notices were served upon all the three opposite parties but they did not appear in the case to contest the same.  As such the case was fixed ex parte as against all the opposite parties.

Complainant by filing his evidence in the form of affidavit in chief submitted that he deposited Rs.1,20,600/- only (Rupees One Lakh Twenty Thousand and Six Hundred only) as Fixed Deposit with the opposite parties under the  “Q Shop Plan-H” [PLAN – H”] on 37.07.2012.  The maturity date of the Fixed deposit are mentioned in the table above, and the total maturity amount was Rs.2,83,410/- only (Rupees Two Lakh Eighty Three Thousand Four Hundred and Ten only).

The complainant further stated that he applied for refund of maturity amount vide letter dated 26/10/2021.  In spite of service of notice upon the opposite parties they did not pay any heed to it.  According to the complainant the opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.

The original certificates of Fixed Deposit under name and style “Q Shop Plan-H” [PLAN – H”] filed along with affidavit in chief are marked as Exhibit-1 to 3

On perusal of the evidence on affidavit of the complainant and the Exhibits (Original Certificates) under the name and style “Q Shop Plan-H” [PLAN – H”] we find that complainant deposited Rs.1,20,600/- (Rupees One Lakh Twenty Thousand Six Hundred) only against three nos. shares. Details of certificates are given in the table above with terms and conditions of the total accumulated  LBP benefit of 2.35 times of Global Advance and it is based on certain/specific consumption pattern of “Q Shop Plan-H” [PLAN – H”] goods and or hospitality products.

According to the complainant the maturity amount as per table above was Rs.2,83,410/- only (Rupees Two Lakh Eighty Three Thousand Four Hundred and Ten only).

 After the maturity period the complainant applied for refund of the maturity amount but to no avail. So, opposite parties are liable for negligence and deficiency in service for which the complainant sustained monetary loss, harassments and mental agony.

The complainant has proved his case by his unrebutted and unchallenged testimony.

In view of the above discussion, it is crystal clear that the complainant has been able to prove the case by his unrebutted and unchallenged evidence.  We do not have any hesitation to hold that opposite parties have caused deficiency in service for which the complainant was compelled to file the case.

Therefore, the case of the complainant succeeds.

Hence, it is

                                     ORDERED

That the Complaint Case be and the same is allowed ex parte as against all the opposite parties.

Opposite Parties are directed to pay jointly and/or severally of  Rs.2,83,410/- only (Rupees Two Lakh Eighty Three Thousand Four Hundred and Ten only) along with interest @ 9% per annum from the date of filing of the case i.e. 23.11.2021 till realization of entire amount in favour of Complainant within 1 (One) month from the date of communication of this order.

Opposite Parties are directed to pay jointly and/or severally compensation of Rs.25,000/- (Rupees Twenty Five Thousand) only for harassment to the Complainant within 1 (One) month from the date of communication of this order I'd. to pay interest on the said amount @5%  per annum till the date of realization.

Let a copy of this judgement be supplied to the complainant free of cost.