Gursimranjeet Kaur filed a consumer case on 12 Apr 2019 against Emerging India Infra And Developers Ltd. in the Sangrur Consumer Court. The case no is CC/33/2019 and the judgment uploaded on 15 Apr 2019.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 33
Instituted on: 30.01.2019
Decided on: 12.04.2019
Gursimranjeet Kaur (Minor) d/o Harmel Singh under the guardianship of her mother Tarlochan Kaur w/o of Harmel Singh resident of House No.32A/12, Shivpuri Mohalla, Near Railway Line, Dhuri, District Sangrur.
…. Complainant.
Versus
Emerging India Infra and Developers Limited Head Office SCO No.46-47, Sector 9-D, Near Matka Chowk, Madhya Marg Chandigarh through its M.D.
….Opposite Party
FOR THE COMPLAINANT: Shri Amit Goyal, Advocate
FOR THE OPP. PARTY : Exparte.
Quorum
Vinod Kumar Gulati, Presiding Member
Manisha, Member
ORDER:
Vinod Kumar Gulati, Presiding Member,
1. The present complaint has been filed by Harmel Singh on behalf of minor Gursimranjeet Kaur as her guardian on the ground that she invested an amount of Rs.1,00,000/- with OP vide registration number SP 0017000086 on 22.10.2012 under Single Premium Plan (SP) for a period of six years. The date of maturity of the plan was 21.10.2018. After the maturity date, the complainant approached the OP for submission of original certificate alongwith other documents but the OP refused to receive the same and also refused to pay the maturity amount. The complainant got served a legal notice dated 13.10.2018 to the OP requesting them to make the payment of the maturity amount. The OP neither gave any reply nor made the payment to the complainant till today. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:-
i) OP be directed to make the payment of Rs.2,19,497/- as maturity amount along with interest @18% per annum from the date of maturity i.e. 21.10.2018 till realization of entire amount,
ii) OP be directed to pay to the complainant a sum of Rs.50,000/- on account mental tension, agony, pain and harassment and to pay Rs.7500/- as litigation expenses.
2. Notice was sent to the OP but none has appeared for the OP despite service. As such, OP was proceeded exparte.
3. The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the case of the complainant is that she invested an amount of Rs.1,00,000/- with OP vide registration number SP 0017000086 on 22.10.2012 under Single Premium Plan (SP) for a period of six years and the date of maturity of the plan was 21.10.2018 which is evident from the policy document Ex.C-2. After the maturity date, the complainant approached the OP for submission of original certificate alongwith other documents but the OP refused to receive the same and also refused to make the maturity amount. The complainant has further stated that she got served a legal notice dated 13.10.2018 to the OP requesting him to make the payment of maturity amount. After the maturity date, the OP has not released the maturity amount till date. The OP has not come forward to contest the case of the complainant rather the OP choose to remain exparte. As such the evidence produced by the complainant has gone unrebutted on record.
5. For the reasons recorded above, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.2,19,947/- alongwith interest @9% per annum from the date of filing of the complaint i.e. 30.01.2019 till realization. We further order the OP to pay to the complainant an amount of Rs.3500/- on account mental pain agony and harassment and Rs.1500/- as litigation expenses.
6. This order of ours shall be complied with within 60 days from the date of 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.
Announced
April 12,2019
(Manisha) (Vinod Kumar Gulati)
Member Presiding Member
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