Date of Filing             :    09 January, 2023.

Date of Judgement    :    03 September, 2024.

Mr.  Dhiraj Kumar Dey,  Hon’ble Member.

            This case arises when Smt. Purnima Shaw, hereinafter called the Complainant, filed a complaint under Section 35 of the Consumer Protection Act, 2019 (the Act) against (1) the Branch Manager, (ii) the Area Manager, (iii) the General Manager and (iv) the Chairman, all of M/s. Saharayn Universal Multipurpose Society Ltd. (M/s. Sahara India), hereinafter called the Opposite Parties or OPs, alleging deficiency in service occurred from the part of the OPs arising out of non-payment of redemption amount after the expiry of the plan period.

            The brief fact of the complaint, as emerged from the complaint petition and documents annexed with it, is that the Complainant invested on 11/03/2019 an amount of ₹56,700/- in Super BB Scheme of the OPs.  After receiving this amount the OP-1 issued a Receipt and a Certificate to the depositor/complainant on that date for availing Services/ Goods/Products from the OPs and their business associates within the plan period of 36 months. Complainant stated that the OPs failed to provide any services/goods/products to the complainant as per their specification within the plan period.  It is alleged that after the expiry of 36 months she visited the office of the OP-1 to deposit the original certificate and other relevant documents. But the OP-1 did not receive the certificates, but assured her that after some months they would refund issuing cheque.  Some months had passed but she could not get back the redemption amount despite her repeated visits to the office of the OPs as they failed to refund. She then sent a letter to all the OPs on 05/12/2022 requesting them to return the redemption/benefited amount which also yielded no result though the OPs received her letter.  Finding no other way to get back her money complainant filed this instant complaint praying to direct the OPs: (a) to pay compensation of ₹1,00,000/- for her physical and mental harassment caused due to negligent act of the OPs, (b) to refund the redemption amount of ₹1,44,583/- as per rules and regulations together with interest, (c) litigation cost of ₹30,000/- and any other relief or reliefs as this Commission may deem fit and proper as per law.

            Complainant filed copies of (i) the certificate issued by the OP-1 bearing No. 467004881938 and receipt bearing No. 34036349588, both dated 11/03/2019 and (ii) the letter dated 05/12/2022 issued by herself to the OPs along with the postal track reports as annexure to the complaint petition.

            Notices were served upon all the OPs after admission to appear and contest the case by filing their written version.  Postal receipts show that notice with complaint and annexed documents were served to the OP Nos. – 1, 2 & 4 whereas Notice was returned with postal remark  “Refused” in respect of OP – 3, which was taken as good services.  None of the OPs appeared nor did they file their written version and thereby the case proceeded ex parte.  Then the complainant filed her Evidence on Affidavit.  Ultimately argument was heard in full and the complainant filed her Brief Notes on Argument.  We have now come to the position to deliver the Final Order in this case.  We have to decide whether the OPs are deficient in rendering proper service to the complainant for which she is entitled to get relief as prayed for. 

DECISION WITH REASONS

            The material facts of this case as emerged from the complaint petition and the annexed documents are that the complainant had deposited ₹56,700/- on 11/03/2019 at the office of OP-1. The OP-1 issued a receipt and a certificate bearing Receipt No. 34036349588 and Certificate No. 467004881938, both dated 11/03/2019 to the complainant/depositor on behalf of their company, i. e. M/s. Saharayn Universal Multipurpose Society Ltd., having its registered office at 195, Zone–1, in front of D. B. Nagar, P.O.–Subhash Nagar, P.S.–M. P. Nagar, Bhopal, Madhya Pradesh–462011.

            It is found from the Receipt and the Certificate that the amount of ₹56,700/- was received on 11/03/2019 from Mrs. Purnima Shaw as a sum of contribution under “Saharayn Universal Multipurpose Society Ltd.” for the object(s) of the society mentioned in the registered bye-laws of the society.  In the Certificate it is written as: “Shri/Smt./Ms. PURNIMA SHAW on the basis of association with us/our associates/members and various other factors our esteemed members shall be enrolled with 875 joining points”.  It is also stated therein that: “Joining points can further be accumulated up to 2 times/3 times/4 times by availing the goods/services of this society/business associates as per the objects of the society. ……   Members shall be free to redeem his/her accumulated joining points after expiry of 36 months from the date of joining based on conversion rate in the form of cash/cash equivalent services ………     On full utilisation of products/services and various other factors members can further accumulate maximum upto 1445 joining points, which could be approximately amount to ₹1,44,583/- depending upon the various factors at the time of redemption.” (Emphasis provided.).  The complainant stated that the OPs or their business associates failed to provide any goods/services within the plan period, so she was entitled to get maximum redemption amount of ₹1,44,583/-  as stated in the certificate. 

            Complainant stated that she repeatedly requested the OPs to return the redemption amount but each time she returned empty handed.  Her efforts to deposit the original certificate along with other relevant papers were unsuccessful and thereby she has not received her entitled amount.

            As the OPs did not turn up to contest this case, so we have no other alternative materials to counter or rebut the complaint.  We thus come to the conclusion that the complainant deposited her money intending to avail some goods/services from the OPs and the OPs failed to either provide her any goods/services or return her invested money.  So the complainant, who can be termed as a ‘Consumer’ as is defined under Section 2(7) of the Consumer Protection Act, 2019 intended to avail the ‘Service’, as is defined under Section 2(42) of the C. P. Act, 2019, of the OPs and the OPs are deficient in providing service to the complainant/depositor.  So deficiency of service has been occurred from the part of the OPs for which they should compensate.  Complainant prayed for ₹1,00,000/- as compensation from the OPs together with interest on the redemption amount of ₹78,150/- till realisation.  Here we failed to understand how we can conclude that the total redemption amount should be ₹1,44,583/- as it is stated in this certificate that this amount is the approximate accumulated redemption amount ‘depending on various factors’.  Complainant also claimed interest on this amount.  But it is a settled principle that when award is given in the form of interest then awarding compensation together with interest will be unjustified.  Hence we think interest at the rate of 9% per annum on the deposited amount till realisation will be justified which the complainant is entitled to receive.  We also think that the complainant is entitled to receive ₹5,000/- as litigation cost from the OPs as she has been compelled to knock at the door of this Commission to get her grievance be redressed.

            Hence, it is

ORDERED

            that the Complaint Case bearing No. CC/11/2023 allowed ex parte against the Opposite Parties.

            The Opposite Parties are directed to pay the complainant ₹56,700/- together with a simple interest @ 9% per annum on this amount with effect from the date of deposit, i. e. from 11/03/2019  till the date of this order.  The OPs are also directed to pay ₹5,000/- to the complainant as litigation cost.

            These directives should be complied by the Opposite Parties within 45 days from the date of this order failing which the complainant will have the liberty to take recourse under the law.

            Let a copy of this order be issued to all the parties of both sides free of cost. 

Dictated and corrected by me

            Member.