DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint No. 363
Instituted on: 05.09.2018
Decided on: 26.07.2019
Balwinder Kaur aged about 38 years wife of Jaskaran Singh, resident of House No.338, Ward No.1, Sunam, Tehsil Sunam, Distt. Sangrur.
…. Complainant
Versus
1. Emerging India Infra and Developer Ltd. Head Office SCO No.46-47, Sector 9D, Near Matka Chownk, Madhya Marg, Chandigarh-160009 through its Managing Director.
2. Emerging India Infra and Developer Ltd. Branch Mata Modi Road, Opp. Laxmi Palace, Sunam through its Branch Manager.
….Opposite parties.
Counsel for the complainant :Shri Ravi Jindal, Advocate
Counsel for the OPs :Exparte.
Quorum
Shri Amrinder Singh Sidhu, President
Ms. Vandana Sidhu, Member
Shri Vinod Kumar Gulati, Member
ORDER BY:
Shri Amrinder Singh Sidhu, President.
1. The complainant filed this complaint pleading that the opposite parties lured her to deposit fixed amount of Rs.50,000/- for a term of six years and the complainant will be given a sum of Rs.1,04,098/- on its maturity. The opposite parties further promised to give a plot measuring 1000 square feet to the complainant in the area of Sunam, Distt. Sangrur and the complainant was given choice either to collect the maturity amount or to get the plot and the complainant opted for the money on maturity. Further the complainant on the assurance of the opposite parties deposited Rs.50,000/- with the opposite parties for a term of six years vide receipt number 7263 dated 31.01.2011 and the complainant was issued registration letter serial number 016929 bearing registration number SP0018000071 dated 31.01.2011. After its maturity in the month of February, 2017 the complainant approached the opposite parties to get its maturity amount and deposited the required documents with the opposite parties on 14.2.2017 and receipt in this regard was duly issued by the opposite parties but despite various requests by the complainant to the opposite parties, the opposite parties failed to pay the maturity amount of Rs.1,04,098/- to the complainant till date. The complainant has left with no other option but to knock the door of this Forum to get justice. Lastly, the complainant has prayed that the Opposite parties be directed to release the maturity amount of Rs.1,04,098/- alongwith all other benefits and interest @ 18% per annum from the date of maturity till its realisation and to pay Rs.15,000/- on account of mental torture, agony, inconvenience and litigation expenses.
2. After the notice being served upon the opposite parties, the opposite party number 1 appeared through Advocate Shri Parul Chawla, but later on was proceeded against exparte on 20.12.2018. The opposite party number 2 was also proceeded against exparte on 17.10.2018.
3. The complainant has tendered documents Ex.C-1 to Ex.C-2 and closed evidence.
4. We have gone through the pleadings of the complainant and documents placed by the complainant in the Forum as well as heard the arguments advanced by the learned counsel for the complainant.
5. The learned counsel for the complainant has contended that on asking of the opposite parties, the complainant deposited with the opposite parties an amount of Rs.50,000/- for a term of six years with the assurance that an amount of Rs.1,04,098/- will be paid to the complainant on its maturity. Though after its maturity in the month of February, 2017 the complainant approached the opposite parties to get its maturity amount and deposited the required documents with the opposite parties on 14.2.2017 but no amount was paid to the complainant despite repeated requests to the opposite parties. In the present case, the opposite parties chose to remain exparte. The opposite party did not come present to rebut the complaint of the complainant and as the OP has not appeared to file reply to the complaint, it is clear that the OPs have nothing to say in their defence. The complainant has proved his complaint vide affidavit Ex.C-1 that the complainant on the assurance of the opposite parties deposited Rs.50,000/- with the opposite parties for a term of six years vide receipt number 7263 dated 31.01.2011 and the complainant was issued registration letter having serial number 016929 bearing registration number SP0018000071 dated 31.01.2011. After its maturity in the month of February, 2017 the complainant approached the opposite parties to get its maturity amount and deposited the required documents with the opposite parties on 14.2.2017 but despite various requests by the complainant to the opposite parties, the opposite parties failed to release the maturity amount of Rs.1,04,098/- till date and Ex.C-2 is the copy of registration letter which proves deposit of Rs.50,000/- vide receipt number 7263 dated 31.01.2011, registration letter serial number 016929 and registration number SP0018000071 dated 31.01.2011 having maturity value of Rs.1,04,098/- payable on 30.01.2017. As such, the opposite parties are deficient in service by not paying the requisite maturity amount to the complainant. The Opposite parties are directed to pay to the complainant an amount of Rs.1,04,098/- along with interest @ 9% per annum from the date of maturity i.e. 30.01.2017 till realisation. It is further directed to pay a lump sum compensation of Rs.4000/- for mental agony, harassment and litigation expenses. This order be complied with by the opposite parties within 30 days from the date of receipt of certified copy of this order. A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.
Pronounced.
July 26, 2019.
(Vinod Kumar Gulati) (Vandana Sidhu) (Amrinder Singh Sidhu)
Member Member President
