Punjab

Sangrur

CC/362/2018

Dharam Kaur - Complainant(s)

Versus

Emerging India Infra And Developers Ltd. - Opp.Party(s)

Sh.Ravi Jindal

25 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

 

                                                                        Complaint No. 362

Instituted on:  05.09.2018

                                                                        Decided on:    25.01.2019

 

 

Dharam Kaur aged about 51 years wife of Shamsher Singh, resident of House No.572, Ward No.1, Mohalla Rangila Street, Sunam, Tehsil Sunam, District Sangrur.

                                                        …. Complainant.       

                                         Versus

1.     Emerging India Infra and Developer Limited, Head Office SCO No. 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh-160009 through its Managing Director.

2.     Emerging India Infra and Developers Limited, Branch Mata Modi Road, Opp. Laxmi Palace, Sunam, through its Branch Manager.

             ….Opposite parties.

 

FOR THE COMPLAINANT:      Shri Ravi Jindal, Advocate                           

 

FOR OPP. PARTIES           :     Exparte.                    

 

 

Quorum

                  

                   Vinod Kumar Gulati,  Presiding Member

                   Mrs. Manisha, Member.

 

ORDER:   

 

Vinod Kumar Gulati, Presiding Member

 

1.             Smt Dharam Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OPs, the complainant availed the services of the Ops by opening an account under which the complainant had to deposit an amount of Rs.500/- per month on 19.4.2011 vide receipt number 12894, registration serial number 017060/registration number RP0018000299  for the period of six years and after six years the Ops had to pay to the complainant an amount of Rs.52,627/- on maturity.  The grievance of the complainant is that the complainant deposited all the 72 installment of Rs.500/- each with the Ops, but the Ops did not pay the amount on maturity despite her best efforts and deposit of original documents with the Ops on 4.5.2017.  It is further averred that though the complainant approached the Ops so many times for release of the payment, but all in vain. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to release the payment of Rs.52,627/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             Record shows that the Ops did not appear despite service, as such, were proceeded against exparte.

 

3.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of registration letter and Ex.C-3 copy of passbook and closed evidence.

 

 

4.             We have very carefully perused the pleadings of the parties, evidence produced on the file and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             From the perusal of documents placed on the file, we find that the complainant had invested an amount of Rs.500/- per month from 4/11 to 3/17 and paid all the installments, as is evident from the copy of the passbook on record Ex.C-3 and further the Ops have also produced on record the copy of registration letter Ex.C-2, whereby it has been clearly mentioned that the complainant is entitled to get an amount of Rs.52,627/- on maturity i.e. on 18.4.2017, but the Ops failed to pay the amount of the complainant despite deposit of original receipt with the Ops on 4.5.2017. On the other hand, the Ops have produced nothing on record and chose to remain exparte.  The fact remains that the Ops have not returned/paid to the complainant the due amount of Rs.52,627/- to the complainant on its maturity i.e. 18.4.2017, which itself is a clear cut deficiency in service on the part of the Ops and thus the Ops are liable to pay to the complainant the said amount. 

 

6.             So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.52,627/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 18.04.2017 till realization. We further order the OPs to pay to the complainant a sum of Rs.5000/- on account of compensation and litigation expenses.

 

7.             This order of ours shall be complied with within a period of 45 days from the receipt of copy of the order.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.  

Pronounced.

 

                January 25, 2019.

 

                       

 

                                                           (Vinod Kumar Gulati)

                                                              Presiding  Member

 

 

 

                                                                   (Manisha)

                                                                     Member