BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 630 of 2017
Date of Institution: 8.9.2017
Date of Decision: 17.01.2018
Harjinder Singh S/o S. Dalip Singh H.No. 21, Abadi Sagarpur, Ward No.2, Batala, District Gurdaspur
Complainant
Versus
- Emerging India Infra and Developers Ltd., SCO 113, 2nd Floor, B-Block, Ranjit Avenue, Amritsar 143001 (Through Proprietor/MD)
- Emerging India Infra and Developers Ltd., SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh 160009 (Through Proprietor/MD)
Opposite Parties
Complaint under the Consumer Protection Act, 1986
Present : For the complainant : In person
For the opposite party : Ex-parte
Coram:
Mr.Anoop Sharma, Presiding Member
Ms. Rachna Arora, Member
Order dictated by:
Ms. Rachna Arora, Member
1. Harjinder Singh, complainant has brought the instant complaint under the Consumer Protection Act, 1986 on the allegations that on 3.3.2011 Shiv Kumar, agent of Emerging India Infra and Developers Ltd has approached me at my shop, who apprised the complainant about the investment plans of the company. The said agent assured the complainant that the complainant would get double the amount as invested by him after six years. On the assurance of the said agent on 31.5.2011 complainant deposited Rs. 10000/- for six years vide policy No. 027921 . After that complainant has deposited Rs. 50000/- with said agent Shiv Kumar in the name of his mother in law Gurbinder Kaur for six years vide policy No. 027943. The said agent Shiv Kumar also told some other plan vide which if the complainant deposits Rs.500/- monthly for six years vide which the complainant has to pay Rs. 34200/- for six years and after six years complainant would get Rs. 52781/-. The complainant started the said plan on 19.5.2011 and the complainant has deposited the said amount for two years and three months but after that the said agent Shiv Kumar has not approached the complainant to get the installment. Thereafter the complainant approached the company office at Ranjit Avenue, Amritsar and enquired about the said agent Shiv Kumar, who told the complainant that said agent Shiv Kumar has left the company and has gone somewhere. Thereafter the complainant enquired about some other agent of the company at Batala, who can collect the installment and then they told that they have no agent at Batala and the complainant has to deposit the installment at Amritsar company office. As such the complainant has stopped making payment of further installment. Thereafter the complainant has enquired from the company officials regarding the policies for the amount of Rs 10000/- as well as Rs. 50000/-, who assured that the amount of such policies bonds would be paid to the complainant after the expiry of the policies. The complainant then approached the company office at Ranjit Avenue, Amritsar and met one Amanjot Singh, employee of the company and told him that his policy for the amount of Rs.10000/- has to expire on 30.5.2017 and as he was in need of money. Then said Amanjot Singh told the complainant that he has to approach one Ankush Kumar, official at Chandigarh office, who deals with the policies . The complainant then approached said Ankush at Chandigarh office and told him everything about the policies, who stated that the complainant has to deposit the original policies as well as details of bank account and Aadhar card at their office, which the complainant deposited at Chandigarh office. Then the said official stated that the amount of Rs. 10000/- would be credited to his account before 30.5.2017 and the remaining amount would be credited on 30.5.2017. But nothing has been credited to the account of the complainant on 30.5.2017. Then the complainant approached said Ankush through telephone, but no reply has been given by said Ankush. Then the complainant sent message through whats App to said Ankush regarding non credit of the amount to his account, who replied that their company MD Gurpreet Singh Sandhu has coming back from Abroad and on his reaching the amount would be credited to his account. But after lapse of two three months, no credit has been made to the account of the complainant. Besides the amount of Rs. 50000/- which was deposited in the name of Gurbinder Kaur on 8.6.2011 for six years the maturity date of which was 7.6.2017 , has not been credited to the account of Gurbinder Kaur. The policy bond as well as bank account number and Aadhar Number were also deposited in the Chandigarh office to its employee Ankush on 15.6.2017. But till date no amount was credited in the account of Gurbinder Kaur . The complainant alongwith his colleague Harpreet Singh approached the opposite party at Amritsar office on 30.8.2017 and met with one Amanjot Singh and enquired about the amount deposited by him, who told the complainant to again reinvest the amount. But the complainant was not in a position to reinvest the same as he has taken loan from the bank . The act of the opposite party in not crediting the amount to the account of the complainant as well as to the account of Gurbinder Kaur amounts to deficiency in service. Vide instant complaint , complainant has sought for the following reliefs:-
(a) Opposite parties be directed to make payment of the policy amount alongwith interest ;
(b) Compensation to the tune of Rs. 15000/- alongwith litigation expenses to the tune of Rs. 8000/- may also be awarded to the complainant.
Hence, this complaint.
2. Opposite parties No.1 & 2 did not opt to put in appearance despite service of notice, as such they were ordered to be proceeded against ex-parte.
3. In ex-parte evidence complainant tendered into evidence his duly sworn affidavit Ex.C-1, copies of registration letters Ex.C-2 to Ex.C-4 and closed his ex-parte evidence.
4. We have heard the complainant and have carefully gone through the record on the file.
5. The complainant has reiterated the facts as narrated in his complaint and has vehemently contended that 3.3.2011 he was approached by one Shiv Kumar, agent of Emerging India Infra and Developers Ltd, who apprised the complainant about the investment plans of the company. The said agent assured the complainant that the complainant would get double the amount as invested by him after six years. On the assurance of the said agent on 31.5.2011 complainant deposited Rs. 10000/- for six years vide policy No. 027921 and after six years the maturity amounts comes to Rs. 20,820/-. In this regard complainant has produced on record copy of policy Ex.C-2 on record. It was further the case of the complainant that he has also deposited Rs. 50000/- with said agent Shiv Kumar in the name of his mother in law Gurbinder Kaur for six years vide policy No. 027943. Copy of policy in this regard accounts for Ex.C-3 on record. However, again on the asking of said agent Shiv Kumar complainant started depositing Rs.500/- monthly from 19.5.2011 vide which complainant has to deposit Rs. 34200/- for six years and after six years complainant would get Rs. 52781/-. Copy of policy is Ex.C-4 on record. It was the case of the complainant that he has deposited the said amount for two years and three months but after that the said agent Shiv Kumar has not approached the complainant to get the installment. When the complainant approached the company office at Ranjit Avenue, Amritsar and enquired about the said agent Shiv Kumar, who told the complainant that said agent Shiv Kumar has left the company and has gone somewhere. As such the complainant has stopped making payment of further installment. Thereafter the complainant has enquired from the company officials regarding the policies for the amount of Rs 10000/- as well as Rs. 50000/-, who assured that the amount of such policies bonds would be paid to the complainant after the expiry of the policies. Thereafter complainant approached the company office at Ranjit Avenue, Amritsar and met one Amanjot Singh, employee of the company and told him that his policy for the amount of Rs.10000/- has to expire on 30.5.2017 . However, on the asking of Amanjot Singh , the complainant approached one Ankush Kumar, official at Chandigarh office, who deals with the policies . Said Ankush at Chandigarh office told the complainant to deposit the original policies as well as details of bank account and Aadhar card at their office, which the complainant deposited at Chandigarh office. But even then nothing has been credited to the account of the complainant on 30.5.2017. Besides the amount of Rs. 50000/- which was deposited in the name of Gurbinder Kaur on 8.6.2011 for six years the maturity date of which was 7.6.2017 , has not been credited to the account of Gurbinder Kaur. The policies bonds as well as bank account number and Aadhar Number were also deposited in the Chandigarh office to its employee Ankush on 15.6.2017. But till date no amount was credited in the account of Gurbinder Kaur . The Complainant has submitted that all this amounts to deficiency in service on the part of the opposite party.
6. The evidence adduced by the complainant has gone unrebutted on record as opposite parties, despite due service, did not opt to appear and contest the complaint and thereby the opposite parties impliedly admitted the claim of the complainant, which further shows that the opposite parties had no defence to offer for contesting the case of the complainant. The act and conduct of the opposite parties amount to deficiency in service. But,however, the complainant is entitled only for the amount of Rs. 20,820/- as well as Rs. 13500/- which he deposited in his own name. As far as the dispute regarding the amount of Rs. 50000/- deposited in the name of Gurbinder Kaur, mother in law of the complainant is concerned, the complainant is not entitled to claim that amount as the same was deposited in the name of Gurbinder Kaur and she becomes the consumer and if any dispute arise, the complaint should be filed by Gurbinder Kaur and not by the present complainant.
7. Consequently we allow the instant complaint ex-parte with directions to opposite parties to refund Rs.20,820/- deposited in the name of the complainant as well as Rs. 13500/- which was deposited @ Rs. 500/- per month for two years and three months ; within 30 days from the date of receipt of copy of this order; failing which complainant shall be entitled to interest @ 9% p.a. from the date of filing of the complaint until full and final recovery. Cost of the litigation are assessed at Rs. 2000/-. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 17.1.2018
