Haryana

Karnal

CC/149/2015

Sunny S/o Om Parkash - Complainant(s)

Versus

1. PACL India Limlited - Opp.Party(s)

Mukul Sharma

22 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                              Complaint No.149 of 2015

                                                             Date of instt.:15.07.2015

                                                               Date of decision 22.02.2017

 

Sunny son of Shri Om Parkash resident of Shivaji Colony, Hansi Road, Karnal.

 

                                                                   ……..Complainant.

                                      Vs.

1. PACL India Ltd. registered office 22, 3^rd floor, Amber Tower, Sansar Chand Road, Jaipur-302 004, Corporate office 28, 7^th floor, Gopaldas Bhawan, Barakhamba Road, New Delhi-110001.

2. PACL India Limited, 2^nd floor, above Luxmi Bank, opposite Haryana Photostat Purani Tehsil Complex, G.T. Road, Karnal through its Branch Manager.

 

                                                                   ………… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri Mukul Sharma Advocate for complainant.

                    Opposite parties exparte.

                    

                    

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that opposite parties launched a scheme to allot plot measuring 300 sq. yards to the people for the sum of Rs.15,000/-. It was agreed by the opposite parties that after completion of seven years, the customers would be entitled for double of the amount or plot as per his desire. On the assurance of the officials of the opposite parties, he purchased the policy, vide registration no.UO65005464 dated 13.12.2007 and paid an amount of Rs.15,000/- to the opposite parties. After expiry of seven years, on 13.12.2014, he visited the office of opposite parties and asked for allotment of plot as per terms and conditions of the agreement and deposited the original scheme documents, but officials of the opposite parties postponed the matter on one pretext or the other. Thereafter, he demanded Rs.24780/- under the policy alongwith interest, but opposite parties flatly refused to pay the same. Such acts and conduct on the part of the opposite parties amounted to deficiency in service, which caused him mental agony, harassment and financial loss.

2.                Notice of the complaint was given to opposite parties, who put into appearance and filed written statement controverting the claim of the complainant. Objections have been raised that the complainant had concealed the true and material facts; that there was no deficiency in service on the part of the opposite parties as defined under section 2(1)(g) of the Consumer Protection Act and that this forum has got no jurisdiction to entertain and decide the present complaint.

                   On merits, it has been admitted that complainant had applied for a piece of land, vide registration no.U065005464 dated 13.12.2007.  It has further been submitted that the CBI has registered a case against the opposite parties vide RC.BD1/2014/E/0004 under sections 420 and 120-B of Indian Penal Code on 19.2.2014 and pursuant to the same direction was issued to the concerned banks for freezing the bank accounts of the opposite parties. Thereafter, the opposite parties filed a writ petition(criminal) no.705/2014 before the Hon’ble High Court of Delhi against the direction of CBI, for defreezing of bank accounts  on that the Hon’ble High Court vide order dated 6.5.2014,  allowed defreezing of the bank accounts, however, thereafter CBI again freezed the bank accounts of the opposite parties. The opposite parties have filed an application in the said writ petition and the same is still pending. Hence, the opposite parties are helpless to make payment to the customers including the complainant till the disposal of the appeal by SEBI Appeallant Tribunal Bombay (SAT) and defreezing of the bank accounts by the Hon’ble High Court Delhi.

              Thereafter, None put into appearance on behalf of opposite parties, therefore, exparte proceedings were initiated against them.

3.                In evidence of the complainant, his affidavit Ex. CW1A and documents Ex.C1 and C2 have been tendered.

4                 We have heard the learned counsel for the complainant and have also gone through the documents placed on file carefully.

5.                The complainant had purchased the policy of the opposite parties on 13.12.2007, vide registration no.U065005464 and paid an amount of Rs.15000/- to the opposite parties, as is evident from Ex.C1. In the written statement, the opposite parties have not disputed that after completion of seven years, the complainant became entitled to get a plot or get refund of the amount of Rs.24,780/-. However, opposite parties have neither allotted any plot to the complainant nor paid the agreed amount on expiry of period of seven years. The complainant has claimed the agreed amount of Rs.24,780/- alongwith interest thereon. The opposite parties have submitted that the account has been freezed by the CBI in a criminal case and application has been moved before Hon’ble Delhi High Court for defreezing the account, but the said application is pending. In view of such circumstances, the opposite parties are not able to pay any amount to the complainant till their account is defreezed by CBI or by the court. Non-allotment of the plot or non-payment of the agreed amount to the complainant as per the agreement certainly amounted to deficiency in service on the part of the opposite parties.

6.                In view of forgoing discussion, the complaint is accepted and the opposite parties are directed to make the payment of Rs.24,780/- alongwith interest thereon @ 12% per annun from 14.12.2014 till filing of this complaint and thereafter future interest @ 9% from the date of filing the complaint till its realization. We further direct the opposite parties to pay Rs.5500/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the date of defreezing their accounts. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 22.2.2017

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member