Hon’ble Mrs. Rumpa Mandal, Member.

This case arises out of a Complaint u/sec.35 of the Consumer Protection,2019.This case of the Complainant in a nutshell is that Complainant Sri Pijush Kr. Saha had purchased some certificates (8)Eight in numbers the description of which has been given  in the Complaint.

The said certificates were matured in the year 2020 as mentioned in the Complaint.

Subsequently, on maturity, on being approached by the Complainant the OPs failed to make payment of amount of maturity. Even a written complaint filed by the Complainant on 30.09.2020 and 28.10.2020 with OP No1 did not receive any positive response and finally, he was compelled to file this case praying for relief(s).The OPs did not turn up before this Ld. Commission. So this instant case was heard ex-parte against these OPS.

Points for Consideration

1. Is instant case maintainable?

2. Is the Complainant entitled to get any relief?

3.To what other relief if any complainant is entitled?

Decision with reasons

All the point are taken up together for Consideration. During argument the Ld. Counsel for the OP did not appear before the Ld. Commission   for the argument. The OPs 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 OPs.

Here the Complainant had made investment with the OPs should not be deprived of the returns from his investment. As on maturity of his investment, he legitimately can claim the matured amount from the OPs. Neither the Ld. Counsel of the complainant gave clarification regarding the maturity value of super BB nor there was any maturity value printed on the certificates itself .For super BB certificates it could be redeemed after the expiry of 36 (thirty-six) months. 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 OPs are directed to pay the accumulated amount of “Sahara Minor” which are Rs.128000/-Rs.6600/- and Rs.9100/- with interest @8.5% per annum from the date of maturity of the certificates. The OPs are directed to pay the amount on investment of Super BB which is Rs.1,00,000/- with an interest @8.5% per annum from the date of deposition of the amount till realization of the amount.

This apart, OPs are directed to pay Rs.8000/- for mental pain and agony and Rs.2000/-  for litigation cost. Both the OPs are jointly and / or severally liable to pay the said amount within 60 days from this date, failing which the entitled awarded sum will carry interest @6% per annum till actual payment. 

Let plain copy of this order be supplied to the parties concerned by hand/by post with A/D forthwith, free of cost for information & necessary action as per rule.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.

Dictated and corrected by me.