FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in brief; is that she invested Rs. 46,050/- to the OP-1 against Certificate bearing Nos. 562021223459, 562017042834, 562021223548 & 562021223453 dated 31.05.2012, 22.10.2012, 19.06.2012 & 28.05.2012 respectively. The maturity date of those certificates is 31.05.2018, 22.10.2018, 19.06.2018, & 28.05.2018 and maturity value of those certificates is Rs. 1,08,687/-. On maturity complainant vide letter dated 31.07.2019, the complainant requested the OPs to pay the matured amount of the certificates but the OPs deliberately avoid to pay the matured amount. The act of the OPs tantamount to deficiency in service and unfair trade practice Hence, the complainant approached the commission by way of consumer complaint seeking payment of matured amount along with compensation and litigation cost.
OPs contested the complaint by filing WV wherein they have denied all the allegations of the complainant. The specific case of the OPs is that despite several request the complainant did not furnish original certificates and KYC documents to make the process for disbursement of payment. There is no unfair trade practice and/or deficiency in service on the part of OPs. Complainant is not a consumer under the CP Act and the relationship between the complainant and the OPs are Debitor and Creditor. Accordingly, the OPs have prayed for dismissal of the complaint.
In support of her case Complainant Smt. Kabita Pal has filed her E/chief in the form of affidavit. Despite several opportunities, the OPs did not file any E/chief in support of their case.
Upon perusal of the consumer complaint coupled with evidence of the Complainant including photocopies of certificate bearing Nos. 562021223453, 562021223459 562017042834 and 562021223548 dated 28.05.2012, 31.05.2012, and 22.10.2018, we find that the complainant invested Rs. 46,050/- to the OPs. The maturity date of those certificates is 31.05.2018, 22.10.2018, 19.06.2018, & 28.05.2018. and the maturity value of those certificates is Rs. 1,08,687/-. Photocopy of letter dated 31.07.2019, goes to show that on maturity the complainant requested the OPs to pay the matured amount within 07 days from the date of receipt thereof. Despite request that the OPs did not pay the matured amount of those certificates. The OPs are fully aware that they are liable to pay the matured amount of Sahara Q Shop Plan H to the Complainant on its maturity. Complainant invested her hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
Thus, the OPs have adopted unfair trade practice, and in fact withhold the maturity amount which no doubt adopted deceitful manner of trade. The allegations in the complaint. Therefore, it cannot be said that the complainant has failed to prove deficiency in service. There is no evidence on the part of the OPs to rebut the evidence of the complainant. OPs have failed to controvert the allegations of the complainant by filing E/chief.
Thus, the allegations made in the complaint are deemed to have been admitted as correct. It is well settled that the allegations made in the complaint, if not denied is deemed to be admitted as correct. The complainant in her affidavit did support.
According to Consumer Protection Act, It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has invested Rs. 46,050/- to the OPs under Sahara Q Shop Plan-H with the hope to get Rs. 1,08,687/- as maturity amount. The act and conduct of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money with the OPs, she would have invested the same elsewhere. The complainant cannot be wait indefinitely to get the matured amount. The complainant has suffered mental agony and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get the relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to refund the maturity amount Sahara Q Shop Plan-H along with compensation and litigation cost.
On the basis of the above directions, the consumer complaint is allowed on contest against the OPs with the following directions:-
- OPs are directed to pay matured amount of Rs. 1,08,687/- only to the complainant.
- OPs are further directed to pay Rs. 15,000/- as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- towards litigation cost to the complainant.
The above directions be complied by the OPs within six weeks from the date of this order.
Copy of the judgment be supplied to the parties as per rules and also be uploaded forthwith on the website of this commission for perusal of the parties.
