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 Complainant, in a nutshell is that Complainant Smt. Smriti Das had purchased some certificates 6(six) in numbers the description of which has been given in the complaint. The said certificates were matured on 31.07.2018 and 31.10.2020.
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 30.12.2020 with the O.P. No.1 & 2 did not receive any positive response and finally, she was compelled to file this case praying for relief(s). The O.Ps appeared before this Ld. Commission through their Ld. Advocate. But O.Ps did not file any written version, evidence on affidavit and any 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 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 the Ld. Counsel for O.Ps did not file any written argument and did not appear before the Ld. Commission for the argument. The O.Ps did not raise any dispute about the purchase of certificates by the Complainant from them. 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 had made investment with the O.Ps should not be deprived of the returns from her investment. As on maturity of her investment, the Complainant did not get back her return, she legitimately can claim the matured amount from the O.Ps. Neither the Ld. Counsel of the Complainant gave clarification regarding the maturity value of super BB and Sahara Unique nor there was any maturity value printed on the certificates itself. 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 of “Sahara T” bond on maturity which is Rs.45,000/- with interest @ 6% p.a. from the date of maturity of the Certificates. The O.Ps are also directed to pay the amount on investment of Sahara Unique & Super BB which is Rs.24,000/- with an interest @ 8.5% per annum from the date of deposition of the amount till realization of the amount.
This apart, O.Ps are directed to pay Rs.5,000/- for mental pain and harassment 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.
