FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Brief facts of the case are that, Complainant has invested Rs.4,75,543/- with OPs on several dates under various schemes. Despite maturity the OPs did not refund the maturity amount of those certificates.There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.
OPs despite service of notice of the Complaint have failed to file Written Version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019. No request for condonation of delay or extension of time for filing written version is made. Therefore, right of the OPs to file W.V is closed.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced of the complainant. On perusal of photocopies of certificates issued by the OPs it is found that the Complainant has deposited her hard earn money under various Schemes of the OP1 from time to time as mentioned in the table below:
Scheme | Certificate No. | Deposited Amount | Certificate Date | Maturity Date | Maturity Amount |
SAHARA E SHINE | 351002295594 | 1,50,000/- | 22/12/2011 | 22/12/2019 | 3,91,800/- |
SAHARA E SHINE | 351002297543 | 1,50,000/- | 30/12/2011 | 30/12/2019 | 3,91,800/- |
SAHARA .A. SELECT | 925003912481 | 14000/- | 16/11/2016 | 16/05/2018 | 16282/- |
SAHARA .A. SELECT | 925003007289 | 12000/- | 27/09/2016 | 27/03/2018 | 13956/- |
SAHARA Special | 787002865829 | 16681/- | 14/08/2018 | 14/02/2020 | 19510/- |
SAHARA Special | 787002865830 | 15500/- | 14/08/2018 | 14/02/2020 | 18151/- |
SAHARA Special | 787002865831 | 14366/- | 14/08/2018 | 14/02/2020 | 16823/- |
SAHARA Special | 787002865827 | 17851/ | 14/08/2018 | 14/02/2020 | 20904/- |
SAHARA Special | 787002865828 | 16665/- | 14/08/2018 | 14/02/2020 | 19515/- |
SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED | 467001940822 | 13500/- | 26/02/2018 | 26/02/2021 | 28663/- |
SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED | 467001940819 | 13500/- | 26/02/2018 | 26/02/2021 | 28810/- |
SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED | 467001940820 | 13500/- | 26/02/2018 | 26/02/2021 | 28792/- |
SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED | 467001940823 | 13500/- | 26/02/2018 | 26/02/2021 | 28905/- |
SAHARAYN UNIVERSAL MULTIPURPOSE SOCIETY LIMITED | 467001940821 | 13500/- | 26/02/2018 | 26/02/2021 | 28718/- |
| TOTAL | 204563/- | | TOTAL | 1052629/- |
In view of the above, it is clear that vide those Certificates the Complainant investedRs.2,04,563/- to OPs under various SCHEMES. It is also clear from those Certificatesthat OPs had agreed to refund the investment amount with higher interest rate within stipulated periods according to the SCHEMES from the date of issuance of those Certificates. Complainant has categorically alleged that despite maturity, OPs have failed to refund the investment amount coupled with interest. As the OPs have opted not to file Written Version despite service of notice of Complaint, the above allegations of the complainant is deemed to have been admitted as correct.
OPs are fully aware that they are liable to pay the matured amount under those SCHEMES including interest to the complainant after stipulated maturity. Complainant invested her hard earned money with the OPs. The OPs deliberately make their illegal gains and deprive the Complainant from his lawful right. Thus, the OPs have adopted unfair trade practice, and in fact, withholding the matured amount of Rs.10,52,629/- OPs have undoubtedly adopted unfair means of trade. Complainant cannot wait indefinitely to get matured amount. Complainant has suffered mental agony, pain and harassment. To get the relief, complainant has to wage a long drawn and tedious legal battle.
In view of the foregoing discussion, we are of the view that the Complainant is entitled to refund the matured amount of those Certificates issued by the OPs under various SCHEMES along with compensation and litigation cost.
Thus, the consumer complaint is allowed with following directions:-
- OPs are jointly and severally directed to refund the maturity amount of Rs.10,52,629/- to the complainant within 60 days from today.
- OPs arejointly and severally directed to pay Rs.10,000/- only as compensation for mental agony, pain and harassment to the complainant within the stipulated period.
- OPs are jointly and severally directed to pay a sum of Rs.5,000/- as cost of litigation to the complainant within the stipulated period.
With these directions the present Consumer Complaint stands disposed of.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgment be given to the parties as per rules
