DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 389
Instituted on: 18.09.2018
Decided on: 29.03.2019
Rajesh Kumar aged about 42 years S/o Sh. Jagan Nath Jindal resident of B-X/107, Prem Basti, Gali No.32, Opposite Mandi Shri Naina Devi, Sangrur.
…. Complainant.
Versus
Emerging India Infra Limited SCO No.46-47, Sector 9-D, Near Mattka Chowk Madhya Marg Chandigarh through its Director/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. Rajesh Kumar, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that he had availed the services of the OP by depositing Rs.500/- per month in the office of OP under Table/Term for 72 months i.e. RP 6 years plan vide registration number RP0007000306 with date of commencement as 28.01.2011 and the date of maturity of the plan was 27.01.2017. Under the above said scheme the OP agreed to provide a plot of 682 sq .ft or an amount of Rs.52,627/- at the time of maturity. After the maturity date, the complainant deposited original registration certificate along with the application for the refund of the maturity amount on 27.01.2017 and fulfilled all the formalities for releasing the maturity amount i.e. Rs.52,627/-. Thereafter the complainant requested the OP many times to release the maturity amount but the OP has been putting off the matter on one pretext or the other. 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.52,627/- as a maturity amount along with interest @18% per annum from the date of maturity i.e. 27.01.2017 till realization,
ii) OP be directed to pay to the complainant a sum of Rs.40,000/- on account mental agony and harassment and to pay Rs.5500/- 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.
4. The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the party, we find that it is the case of the complainant that he deposited the installments of Rs.500/- per month with the office of the Op for 72 months, which is evident from documents Ex.C-4 on record . The date of maturity of the agreement was 27.01.2017. After the maturity date, the complainant deposited original registration certificate along with application for the refund of the maturity amount in the office of OP office Sangrur on 20.01.2017 and requested for releasing the maturity amount vide document Ex.C-3 and fulfilled all the formalities for releasing the maturity amount i.e. Rs.52,627/- but the OP has not released the maturity amount till date.
6. For the reasons recorded above, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.52,627/- along with interest @9% per annum from 27.01.2017 till realization. We further order the OP to pay to the complainant an amount of Rs.2000/- on account of mental pain, agony and harassment and Rs.1000/- as litigation expenses.
7. This order of ours shall be complied with within 45 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
March 29, 2019
(Vinod Kumar Gulati)
Presiding Member
(Manisha)
Member
