Hon’ble Mrs. Rumpa Mandal, Member.
This case arises out of a complaint U/S 35 of the Consumer Protection Act, 2019. The case of the Complainants, in a nutshell, is that Complainants had purchased 1(one) certificate the description of which has been given in the complaint. The said certificate was matured in the year 2018 as stated in the complaint petition by Complainants.
Subsequently, on maturity, on being approached by the Complainants, the O.Ps failed to make payment of amount of maturity.
Even, a written complaint filed by the Complainants on 30.12.2020 with the O.P. No.1 did not receive any positive response and finally, they were compelled to file this case praying for relief(s). The O.Ps appeared before this Ld. Commission by filing Vokalatnama. But O.Ps did not file any written version, evidence on affidavit and written argument. The O.Ps were absent without taking any steps since long time. They did not turn up before this Ld. Commission to contest the case further.
POINTS FOR CONSIDERATION
- Is the instant case maintainable?
- Is the Complainant entitled to get any relief?
- To what other relief if any, Complainant is entitled?
DECISION WITH REASONS
All the points are taken up together for consideration. During argument the Ld. Counsel for the O.Ps did not file any written argument and did not argue the case. The O.Ps did not raise any dispute about the purchase of certificate by the Complainants from them. The said certificate was matured and it is also not disputed. No paper relating to the matter pending with the Hon’ble Apex Court has been produced by the O.Ps.
Here, the Complainants had made investment with the O.Ps, should not be deprived of the returns from his investment. After lapse of 10 yrs of their investment, the Complainants did not get back their return. They legitimately can claim their credit value from the O.Ps. Therefore, the Complainants are entitled to the relief as prayed for. With this all the issues are disposed of.
Hence, it is
Ordered
That instant case be and the same is allowed ex-parte.
The O.Ps are directed to pay the amount of Rs.10,000/- for Sahara Unique certificate with an interest @ 8.5% per annum from the date of deposition till realization of the amount.
This apart, O.Ps are directed to pay Rs. 8,000/- for mental pain and agony and Rs.2,000/- for litigation cost. Both the O.Ps are jointly and / or severally liable to pay the said amount within 60 days from this date, failing which the entire awarded sum will carry interest @ 6% per annum till actual payment.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
