DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 414 of 2.11.2017
Decided on: 24.5 .2018
Ninder Kaur aged 35 years w/o Sh.Gurpreet Singh, R/o Village Jalalpur, Near Punjabi University, P.O.Bahadurgarh, District Patiala.
…………...Complainant
Versus
- Alpine agriculture Land Developers Ltd. Branch office SCO-7, 2nd Floor, Urban Estate, Phase-2, Patiala, Now opposite King Sweets, Urban Estate, Phase-1, Patiala, through its Managing Director .
2nd address
Indu w/o Kuldeep Singh Mann, M.D.of Alpine Agriculture Land Developers Ltd., R/o House No.67-B, Street No.6, Virk Colony, Near Bajwa Colony, Near Badi Nadi, Patiala.
- Gurwinder Singh (Baba) S/o S.Joginder Singh, R/o Village Jalalpur, Near Rishi Karyana Store, Jalalpur, Tehsil & District Patiala, Authorized employee/agent of the OP No.1 (Mobile No.98551-16512)
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Bharpur Singh,Advocate,counsel for complainant.
Opposite Party No.1ex-parte.
Opposite Party No.2 in person.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Smt.Ninder Kaur, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
2. In brief, the case of the complainant is that one Sh.Gurwinder Singh, visited his house and allured him that as per the scheme of OP No.1, if he purchased plot measuring 0.041 Hectar, then he could pay the amount of the said plot in installment of Rs.2000/- per month for a period of 36 months and he did not want to purchase the plot then he could get Rs.95328/-.Accordingly the complainant opted for the scheme and deposited the amount for a period of 36 months. All the original documents are in the custody of the OPs. After depositing all the installments, he visited the office of OPs and requested either to pay the amount of Rs.95328/- or to deliver the possession of the plot as agreed by them. But the OPs failed to do so. The said act of the OPs amounted to deficiency in service, which caused mental agony and physical harassment to the complainant. Hence this complaint, with the prayer for giving a direction to the OPs either to deliver the possession of the plot as per their scheme or to pay Rs.95,328/- alongwith interest @18% per annum from the date of deposit till payment; to pay Rs.1,00,000/- as compensation for causing mental agony and physical harassment and also to pay Rs.1100/-as costs of litigation expenses. Any other reliefs which this Forum may deem fit may also be granted.
3. Notice of the complaint was duly given to the OPs. OP No.2 appeared in person and filed the written version, whereas OP no.1 despite receipt of notice, failed to appear and was accordingly proceeded against ex-parte.
In the written version filed by OP No.2, it is admitted that he visited the house of the complainant and told him about the scheme of OP no.1.It is also admitted that as per scheme of OP no.1, if complainant agreed to purchase plot measuring 0.041 hectare, then he could pay the amount of the plot in installments and if he did not want to take the possession of the plot in question, then he could receive the amount of Rs.95,328/-.It is admitted that as per the agreement executed with the complainant, all the installments were paid by him for the purchase of the plot. The installments, received from the complainant were onward deposited with OP no.1 and it has no concern with the same as OP no.2 resigned from the services of OP no.1 on 25.12.2016. It is stated that neither the plot was delivered to the complainant nor any amount was paid to him by Op no.1.There was no deficiency of service on the part of No.2. After denying all other allegations, going against OP no.2, it was prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C2 to C37 and closed the evidence of the complainant.
The OP No.2 has tendered in evidence his sworn affidavit Ex.OPA and closed the evidence.
5. We have heard the ld. counsel for the complainant & OP No.2 present in person, gone through the written arguments filed by the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. From the copy of certificate,Ex.C1, it is evident that the same had been issued by the Alpine Agriculture Land Developers Limited, in the name of the complainant. In the said certificate, date of commencement of the scheme has been written as 27.2.2014. The period of installment of Rs.2000/-,to be paid on 10th day of every month, has been mentioned as 36 months. The expiry date of agreement has been mentioned as 27.2.2017. The expected value of Land at the end of agreement has been written as 95,328/-.From the deposit receipts, Exs.C2 to C37, issued by OP no.1, it is evident that the complainant had deposited in total an amount of Rs.72,000/- with the OP No.1. As per the complainant neither the possession of the plot had been provided nor the agreed amount was paid by OP No.1. This fact has fairly been admitted by OP No.2.Facing with this situation, we are of the view that OP no.1 is liable to pay the agreed amount of Rs.95,328/-to the complainant alongwith interest. It is also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith costs of litigation expenses. Since OP No.2 who being the employee/agent of OP No.1, has acted upon for and on behalf of OP No.1, therefore, no liability can be fastened against him and the complaint filed against him is liable to be dismissed.
7. In view of the aforesaid discussion, we dismiss the complaint against OP No.2 and allow the same against OP No.1. OP No.1 is directed in the following manner:-
- To pay Rs.95328/-to the complainant alongwith interest @7% per annum from the date of maturity i.e.27.2.2017 till its realization;
2. To pay Rs.5000/- as compensation for causing mental agony and physical
harassment to the complainant, which is also inclusive of litigation expenses.
The OP No.1is further directed to comply with the said order within a period of 30 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 24.5.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
