Jasbir Singh filed a consumer case on 01 Jun 2018 against Emerging India Infra and developers Ltd. in the Sangrur Consumer Court. The case no is CC/71/2018 and the judgment uploaded on 19 Jun 2018.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 71
Instituted on: 13.02.2018
Decided on: 01.06.2018
Jasbir Singh aged 63 years son of Suchha Singh, resident of H.No.171, Dasmesh Avenue, Gali No.5, Ward No.2, Sangrur, Tehsil and District Sangrur.
…. Complainant.
Versus
1. Emerging India Infra and Developers Limited, Head Office SCO No.46-47, Sector 9-D, Near Mattka Chowk Madhya Marg, Chandigarh-160009 through its Managing Manager.
2. Gurpreet Singh Sidhu Managing Director, Emerging India Infra and Developers Limited, SCO No.46-47, Sector 9-D, Near Mattka Chowk Madhya Marg, Chandigarh-160009.
3. Harminder Singh Director, Emerging India Infra and Developers Limited, SCO No.46-47, Sector 9-D, Near Mattka Chowk Madhya Marg, Chandigarh-160009.
….Opposite parties.
FOR THE COMPLAINANT: Shri Rahul Sharma, Advocate
FOR OPP. PARTY No. 1 : Shri Parul Chawla, Advocate
FOR OPP. PARTY No.2 : Exparte
FOR OPP. PARTY No.3 : Given up.
Quorum
Sarita Garg, Presiding Member
Vinod Kumar Gulati, Member
ORDER:
Sarita Garg, Presiding Member
1. Jasbir Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased a policy of RP Six years plan on 22.02.2011 and deposited Rs.1000/- per month with OPs. The maturity date of the policy was 21.02.2017 and maturity amount was Rs.105284/-. The complainant before maturity of the policy submitted documents for payment with the Sangrur branch of the OPs who put the signatures. After maturity of the policy the complainant visited the office of the OPs at Sangrur but he came to know that Sangrur branch office of the OPs was locked. Thereafter the complainant approached the OPs at Chandigarh so many times to release the maturity amount but the OPs did not pay 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 the balance payment of Rs.1,05,284/- along with Interest @18% per annum from 30.03.2017 till realization,
ii) OPs be directed to pay to the complainant a sum of Rs.20,000/- on account mental agony and harassment and to pay Rs.20,000/- on account of deficiency in service and unfair trade practice,
iii) OPs be directed to pay Rs.5000/- as litigation expenses.
2. Notices were sent to the OPs but none has appeared for the OP no.2 despite service. As such OP no.2 was proceeded exparte. OP no.1 had appeared on 02.04.2018 through counsel Shri Parul Chawla Advocate and filed reply but later on none has appeared for the OP no.1 and he was proceeded exparte on 10.05.2018 and at the time of arguments OP no.1 had again appeared. Learned counsel for the complainant had given up OP no.3 on 02.04.2018.
3. In reply filed by the OP no.1, it is stated that the complainant never deposited full amount of the OP. It is stated that " the complainant also on the ground of non-submission of policy alongwith its documents if the same is found true then it was the duty of the OPs to submit the policy paper to the complainant for further action in the matter but nothing of short was done by the complainant.
4. The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand OP no.1 has not produced any documentary evidence.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that it is the case of the complainant that he purchased a policy of RP six years plan on 22.02.2011 and deposited Rs.1000/- per month with OPs. The maturity date of the policy was 21.02.2017 and maturity amount was Rs.105284/- which is evident from copy of policy document Ex.C-3. After maturity of the policy the complainant submitted documents for payment with the Sangrur branch of the OPs who received the same under their signatures and stamp on 23.02.2017. The complainant has further stated that after maturity of the policy he visited the office of the OPs at Sangrur but he came to know that office of the OPs at Sangrur was locked. Thereafter the complainant approached the OPs at Chandigarh so many times to release the maturity amount but the OPs did not pay the maturity amount till today. The complainant has produced on record copy of letter of demand of maturity amount Ex.C-4 which was duly received by the OPs. From the perusal of passbook / customer detail number 11646 dated 22.02.2011 Ex.C-2 we find that the complainant has deposited seventy installments of Rs.1000/- each upto 26.11.2016. As such we feel that the complainant is entitled to the maturity amount of the deposited amount of Rs.70,000/-. The OPs have not come forward to contest the case of the complainant rather they chosen to remain exparte. As such evidence produced by the complainant has gone unrebutted on record.
6. For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant maturity amount of the deposited amount of Rs.70,000/- alongwith interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant an amount of Rs.3500/- on account mental pain agony and harassment and Rs.1500/- as litigation expenses.
7. 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
June 1, 2018
(Vinod Kumar Gulati) (SaritaGarg) Member Presiding Member
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