Punjab

Sangrur

CC/21/2017

Jagpreet Singh - Complainant(s)

Versus

Emerging India Infra and Developers Limited - Opp.Party(s)

Shri Rohit jain

04 May 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 21                                                                                          

                                                                   Instituted on:  12.01.2017

                                                                   Decided on:    04.05.2017

 

Jagpreet Singh aged about 43 years son of Labh Singh, resident of village Narike, Tehsil Malerkotla, District Sangrur.

                                                …. Complainant.   

 

Versus

 

1.       Emerging India Infra and Developers Limited, through its Branch Manager Sunami Gate, Sangrur.

 

2.       Emerging India Infra and developers Limited through its Managing Director SCO No.46-47, Sector 9-D, Near Matka Chowk Madhya Marg Chandigarh.

    ….Opposite parties.

 

 

FOR THE COMPLAINANT:        Shri Rohit Jain, Advocate                          

 

FOR THE OPP. PARTIES  :         Shri Parul Chawla, Advocate         

 

 

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg,  Member

Vinod Kumar Gulati, Member

 

 

 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Jagpreet Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he  obtained  a SP Plan from the OPs on 21.05.2011 for five years  and paid an amount of Rs.50,000/- .  On maturity, the OPs had to repay an amount of Rs.90102/- as maturity amount.  On 14.05.2016  complainant surrendered  the said SP plan with OP no.1 and OP no.1 issued a receipt/ acknowledgment dated 14.05.2016. Thereafter the complainant requested the OPs so many times to release the above said maturity amount but they have been putting off the matter on one pretext or the other .  The OPs did not release the maturity amount till today. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to make/ release the maturity amount of Rs.90102/- along with interest @24% per annum from 21.05.2016 till payment,

ii)     OPs be directed to pay to the complainant an amount of Rs.1,00,000/- on account of deficiency in service,

 

iii)     OPs be directed to pay Rs.11000/- as litigation expenses.

2.             In reply filed by the OPs, it is submitted  that  it was the duty of the OPs to submit the policy papers to the complainant for further action in the matter, but nothing was done by the complainant. The complainant never visited the office of OP no.1 nor   it was assured to the complainant that the payment shall be made. The present complaint is baseless  because  the policy holders were informed  that the OPs  are facing  financial stringency and as soon this problem is controlled  the amounts of the policy holder shall be given to them without any delay.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. The evidence of the OPs was closed by order of the Forum on 25.04.2017.  

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that the complainant had deposited Rs.50000/-with OPs under SP Plan for five years on 21.05.2011  and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.90102/- which is evident from policy document Ex.C-2. On the other hand, Ops have not denied the fact of deposit of said amount  for a period of five years and its maturity value  is Rs.90102/-.  It has not been specifically denied by the OPs that the complainant has not fulfilled the requisite formalities. Moreover, the OPs have not produced any document to contest the case of the complainant.    

5.             For the reasons recorded above, we feel that it is well proved and genuine case of the complainant and the OPs have miserably failed to repay the maturity amount to the complainant and as such we allow the complaint of the complainant and direct the OPs to make the maturity amount of Rs.90102/- to the complainant along with interest @9% per annum from the date of complaint till realization. We further order the OPs to pay to the complainant a sum of Rs.3500/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1500/- as litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                May4, 2017

 

 

 

( Vinod Kumar Gulati) ( Sarita Garg)     (Sukhpal Singh Gill)                                                                                                                                                                     Member                    Member                  President

 

 

BBS/-