FINAL ORDER / JUDGEMENT

The complainant, being a consumer under Section 2(d) of the Consumer Protection Act, 1986, has alleged deficiency of services against the O.P., Sahara Credit Co-operative Society LTD. The Complt. had started the Scheme of ‘Sahara Q Shop Plan-H” of the O.P. on 06.09.2012 against certificate No. 562005339610 after investing Rs. 64,200/- and booking Gold Value of Rs. 1,36,746/-, the date of maturity being 72 months (details attached in Annexure-I). However, even after completion of the 72 months, the Complt. did not receive any amount from the O.P. Repeated visits and requests to the office of the O.P. was not fruitful. As annexed in Annexure-II, an Advocate’s notice was also sent to the O.P. The Complt. has alleged breach of contract against the O.P. therefore, the Complt. has prayed to this Commission for:

1. Direction to the O.P. to refund the legal outstanding amount of Rs. 1,36,746/-
2. Direction to the O.P. to pay a sum of Rs. 50,000/- as compensation for physical injury and mental agony
3. Direction to pay for litigation cost
4. Any or other reliefs if applicable.

Points for decisions

Is the Complt. entitled to get relief/reliefs, as prayed for?

Decision with reasons

                To prove his case Complt. has tendered his written examination-in-chief supported by evidence on affidavit and he has also filed photocopies of all relevant documents in support of his case.

                 We have gone through the said evidence of the Complt.and the documents filed by him.

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

      Hence,

                            It is,

                                                  ORDERED

         That the instant case no. 430/2018  is allowed ex-parte with cost against the O.P.s

         O.P. is hereby directed to refund the outstanding amount of Rs. 1,36,746/- to the Complt within 30 days from the date of this order.

        O.P. is categorically directed to pay compensation of Rs. 20,000/- to the Complt. for physical injury and mental agony and that is to be paid within 30 days from the date of this order.

         O.P. is also directed to pay Rs. 5,000/- as litigation cost to the Complt. within 30 days from the date of this order.

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

          Dictated and corrected by me.

Sankar Kumar Ghosh

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

Howrah.                   

                                 Babita Chaudhuri         Sankar Kumar Ghosh

                                         Member                            President

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