FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Sahara G Gold Mart Ltd. is a Financial Institution. OPs 1 and 2 are the Branch Manager and Zonal Manager of Sahara India Limited. Complainant purchased a certificate of Gold Banking (Gold Coins) of Rs. 2,89,750/- from the OP-1 against booking ID No. 24184700251 dated 11.08.2012.In terms of the said Gold Banking (Gold Coins) certificate the OPs will give gold value worth 46.3600 Grams (22 Karat) being the maturity value on expiry of 05 years. Clause 9 of the Gold Bank Certifiate the OPs are liable to delivered the gold worth 46.3600 grams to the complainant within 30 days from the date of expiry of the stipulated tenure. Despite maturity and repeated request, the OPs did not handover the matuity value of gold quantity. Legal notice dated 21.12.2020 was issued to the OPs but no fruitful result is forthcoming. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OPs.
In view of the gross deficiency in service and unfair trade practices of the OPs. Complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
Despite service of complaint, the OPs did not turn up to contest the case by filing WV within the stipulated period provided under the CP Act, 2019. Thus, the case runs ex-parte against the OPs.
Complainant Sunita Saha has filed her evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of her case and also written argument.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant purchased purchased a certificate of Gold Banking (Gold Coins) of Rs. 2,89,750/- from the OP-1 against booking ID No. 24184700251 dated 11.08.2012.In terms of the said Gold Banking (Gold Coins) certificate the OPs will give gold value worth 46.3600 Grams (22 Karat) being the maturity value on expiry of 05 years. Clause 9 of the Gold Bank Certifiate the OPs are liable to delivered the gold worth 46.3600 grams to the complainant within 30 days from the date of expiry of the stipulated tenure. Despite expiry of 05 years the OPs did not refund the gold value worth 46.3600 Grams (22 Karat). Despite several request and legal notice dated 21.12.2020 the OPs did not pay the refund the gold value of Rs.2,89,750/- to the complainant. OPs are fully aware that they are liable to refund gold value after expiry of 05 years to the complainant on its maturity. Complainant invested her hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from her lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
OPs have not filed their WV denying the allegations made in the complaint petition. Complainant in her affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money to the OPs, he would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the refund of gold value. Complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. In these circumstances, the complainant is entitled to refund of 160.00 Grams (22 Karat) of Gold along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part ex-parte against the OPs with the following directions :-
- OPs are directed to refund 160.00 Grams (22 Karat) of Gold to the complainant.
- OPs are further directed to pay Rs. 20,000/- (Rupees twenty thousand) only as compensation to the complainant on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
