FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Brief facts of the case are that, the Complainant invested Rs.61150/- on 07/09/2012 against Receipt No. 710022485767 and Rs.21250/- on 22/05/2012 against Receipt No.71027360518 with the OPs under “Q Shop Plan – H”. The Complainant personally visited the Office of the OPs for depositing the original certificates for withdrawing the maturity amount. But the Office advised the Complainant to renew those certificates for further three years . But the Complainant did not agree. Despite maturity the OPs did not refund the maturity amount of that certificate. Finding no other alternative, complainant issued letter dated 28.03.2020 to the OP-1 demanding maturity amount but the OPs did not response such demand letter. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.
OPs despite service of notice of the Complaint have failed to file written version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OPs to file W.V is closed.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.
The Complainant has taken us through the consumer complaint as also the evidence adduced of the complainant. On perusal of photocopy of certificates being No. 562003956455 dated 07/09/2012 and 562010767063 dated 22/05/2012, issued by the OP to the cCmplainant it is clear that vide that certificate the Complainant invested Rs.61,150/-and Rs.21,250/- to OPs under Sahara Q Shop Plan – H Scheme. It is also clear from that certificate that OPs had agreed to refund the maturity amount within 72 months from the date of issue i.e. 07/09/2018 and 22/05/2018. Complainant has categorically alleged that despite maturity, OPs have failed to refund the maturity amount. As the OPs have opted not to file written version despite service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct.
OPs are fully aware that they are liable to pay the matured amount of Sahara Q Shop Plan - H Scheme including interest to the complainant after 72 months i.e. 07/09/2018 and 22/05/2018. Complainant has invested her hard earned money with the OPs. The OPshavedeliberately make their illegal gains by depriving the Complainant from his lawful right. Thus, the OPs haveadopted unfair trade practice, and in fact, withhold the maturityamount of Rs.1,43,702.50/-and Rs.49,937.50/- in spite of its maturity which no doubt adopted deceitful manner of trade. Complainant cannot wait indefinitely to get matured amount. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In view of the foregoing discussion, we are of the view that complainant is entitled to refund the matured amount of Sahara Q Shop Plan - H along with compensation and litigation cost.
Thus, the consumer complaint is allowed with following directions:-
- OPs are jointly and severally directed to refund the maturity amount of Rs.1,43702.50/- and Rs.49,937.50/- to the complainant within 60 days from today.
- OPs are also jointly severally directed to pay Rs.10,000/- only as compensation for mental agony, pain and harassment to the complainant within the stipulated period.
- OPs are further jointly and severally directed to pay a sum of Rs.5,000/- as cost of litigation to the complainant within the stipulated period.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
With these directions the present consumer complaint stands disposed of.
Copy of the Judgment be given to the parties as per rules.
