FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.35 of the Consumer Protection Act, 2019.
Brief facts of the case are that, complainant invested Rs. 2,41,251/- with OPs under Sahara Special Scheme against Certificate Nos. 878000454991, 787003550588, 787003550589, 787003550590, 787003550591 and 787003550592. Date of maturity of those certificates are 01.06.2020 and 08.06.2020 respectively. Complainant invested the aforesaid amount under Sahara Special Scheme with their lucrative offer of maturity value. Despite maturity the OPs did not refund the maturity amount of those certificates. Finding no other alternative, complainant issued letter dated 19.08.2020 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 Shri Surendra Kumar Nayak has filed his evidence by way of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced of the complainant. On perusal of photocopies of certificates dated 01.12.2018 & 08.12.2018, issued by the OP-1 to the complainant it is clear that vide those certificates complainant invested Rs. 2,41,251/- to OPs under Sahara Special Scheme. It is also clear from those certificates that OPs had agreed to refund the investment amount within 18 months from the date of issue. Complainant has categorically alleged that despite maturity, OPs have failed to refund the investment amount coupled with interest. 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 Special Scheme including interest to the complainant after 18 months. Complainant invested his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the invested amount of Rs. 2,41,251/- 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 Special along with compensation and litigation cost.
Thus, the consumer complaint is allowed with following directions:-
- OPs are directed to refund the maturity amount of Rs. 2,82,505/- to the complainant within 90 days from today.
- OPs are directed to pay Rs. 10,000/- only as compensation for mental agony, pain and harassment to the complainant within the stipulated period.
- OPs are directed to pay a sum of Rs. 5,000/- as cost of litigation to the complainant within the stipulated period.
With these directions the present consumer complaint stands disposed of.
Copy of the Judgment be given to the parties as per rules.
Order No. 08 Date- 08.03.2021.
Record is put up on the prayer of the complainant/Dhr.
Complainant files an application praying for correct the certificate No. 787000454991 instead of 878000454991 in the order dated 22.02.2021 passed in the instant case on the ground stated therein. Let the application be registered as MA No. 250/2021.
To 09.03.2021 for hearing the petition.
Order No. 09 Date- 09.03.2021.
Perused the impugned application dated 08.03.2021 coupled with the record. On perusal of the record, it appears to us that the instant case was disposed of on 22.02.2021 ex parte against the OPs. There is no typographical mistake or error on the part of this commission. The complainant himself mentioned the certificate No. 878000454991 in the consumer complaint and on the basis of consumer complaint as well as evidence on record this commission passed the final order dated 22.02.2021. Final order has been already passed. Therefore, there is no scope on the part of this commission to correct the certificate number in the final order dated 22.02.2021 as there was no typographical mistake or error on the part of this commission. Accordingly, the prayer of the complainant is misconceived and rejected. The M.A. being No. 250/2021 is, thus, disposed of.
