Punjab

Sangrur

CC/165/2018

Kalawanti - Complainant(s)

Versus

Emerging India Infra and developers Ltd. - Opp.Party(s)

Sh.J.S.Kaler

26 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

 

                                                                       Complaint No. 165

Instituted on:  06.04.2018

                                                                        Decided on:    26.09.2018

 

 

Kalawanti wife of S. Nathu Ram, resident of #251, W.No.6, Indra Basti, Sunam, District Sangrur.

                                                        …. Complainant.      

                                         Versus

 

 

1.     Emerging India Infra and Developers Limited, Head Office SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh through its Managing Director.

2.     Emerging India Infra and Developers Limited, Roxy Road, Outside Sunami Gate, Sangrur through its Branch Manager.

             ….Opposite parties.

 

 

FOR THE COMPLAINANT:     Shri J.S.Kaler, Advocate                          

 

FOR OPP. PARTIES           :     Exparte.                    

 

 

 

Quorum

         

                  

                   Inderjit Kaur, Presiding Member

                   Vinod Kumar Gulati,  Member

 

ORDER:  

 

Vinod Kumar Gulati, Member

 

1.             Smt Kalawanti, 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.2000/- per month for six years and after six years the Ops had to pay an amount of Rs.2,10,661/- on maturity, as such the complainant opened an account with the Ops under policy number RP0007000404 vide consumer ID number 0011253 and the policy commenced on 26.3.2011 with maturity date as 25.3.2017.  The grievance of the complainant is that the complainant deposited all the 72 installment of Rs.2000/- each with the Ops, but the Ops did not pay the amount on maturity despite her best efforts.  It is further averred that though the complainant approached the Ops so many times, 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.210661/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, the allegations leveled in the complaint have been denied in toto and has further stated that the complainant has not submit the policy paper to the Ops and the complainant has filed the present complaint by concealing the material and true facts and lastly prayed for dismissal of the complaint with special costs.

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

 

4.             Record shows that the Ops were proceeded against exparte due to non appearance on different dates.

 

5.             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 parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that the complainant had invested an amount of Rs.2,000/- per month and paid all the instalments, as is evident from the copy of the passbook on record and further the Ops have also produced on record the copy of registration letter Ex.C-2, whereby it has been stated that the consideration value plots size i.e. Rs.1,36,500/- shall be payable on maturity, as is evident from the document i.e. copy of policy, which is on record as Ex.C-2. There is nothing mentioned that the complainant is entitled to get an mount of Rs.210661/- as claimed by the complainant in the complaint. The complainant has further stated that though she submitted all the required documents  with the Ops, but the OPs have failed to repay the maturity amount of Rs.1,36,500/- to the complainant. 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.1,36,500/- to the complainant on its maturity i.e. 25.3.2017, which itself is a clear cut deficiency in service on the part of the Ops.

 

7.             So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.1,36,500/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 25.03.2017 till realization. We further order the OPs to pay to the complainant a sum of Rs.5500/- on account of compensation and further Rs.5500/- as litigation expenses.

 

8.             This order of ours shall be complied with within a period of 30 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.

 

                September 26, 2018.

 

                                               

                                                              (Inderjit Kaur)

                                                            Presiding Member

                                                       

 

                                                           (Vinod Kumar Gulati)

                                                                 Member