Hon'ble Mrs. Rumpa Mandal, Member.
This case arises out of a complaint U/S 12 of the Consumer Protection Act, 1986. The case of the Complainant, in a nutshell, is that Complainant’s brother Sri Satyabrata Nandi had purchased some certificates 5(five) in number the description of which has been given in the complaint. The said certificates were matured on 22nd January in the year, 2019. Here Complainant filed this case on behalf of her brother because she is a legal guardian of Sri Satyabrata Nandi. Copy of appointment dated 18.07.18 Annexure- ‘D’ is annexed in the Complaint.
Subsequently on maturity, on being approached by the Complainant, the O.Ps failed to make payment of amount of maturity.
Even, a written complaint filed by the Complainant on 28.09.19 with the O.P. No.1 did not receive any positive response and finally, she was compelled to file this case praying for relief(s) as prayed for. The O.Ps contested this case by filing a written version denying the allegation of the Complainant. However, they have disputes with SEBI and as there is an embargo by Hon’ble Apex Court in respect of the properties of the O.Ps, they are not in a position to make any payment to the Complainant. But O.Ps did not file evidence on affidavit & not file any written version. So, they prayed for dismiss of case. The O.Ps were absent without taking any steps since long time. They did not turn up the case.
POINTS FOR CONSIDERATION
- Is the instant case is 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, Ld. Counsel for the O.Ps did not file any written argument and not argue that case. The O.Ps in their written version did not raise any dispute about the purchase of certificates by the Complainant from then. The said certificates were 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 Complainant’s brother who had made investment with the O.Ps, should not be deprived of the returns from his investment. As on maturity of his investment, the Complainant did not get back his return, he legitimately can claim the matured amount from the O.Ps. Therefore, the Complainant is 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 on maturity which is Rs.2,91,192/- with interest @ 6% from the date of maturity of the Certificates.
This apart, O.Ps are directed to pay Rs.7,000/- for mental pain and harassment and Rs.3,000/- 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.
