DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint No. 251
Instituted on: 28.05.2018
Decided on: 26.04.2019
Rani aged 42 years D/o Sh. Khila Ram, W/o Sh. Rajinder Kumar R/o W.No.1A, Janta Nagar,Dhuri, District Sangrur.
…. Complainant.
Versus
1. Emerging India Infra and Developers Ltd. through its Manager, SCO 46-47, Sector 9D, Near Matka Chowk, Madhya Marg, Chandigarh.
2. Emerging India Infra and Developers Ltd. through its Manager, 1st Floor, Lala Rajpat Rai Market, Abohar.
3. Emerging India Infra and Developers Ltd. through its Manager, above Office of Muthoot Finance, Sunami Gate, Sangrur.
4. The National Co-Op Nat Credit Society Limited, through its Manager, Above office of Muthoot Finance, Sunami Gate, Sangrur.
….Opposite parties
FOR THE COMPLAINANT: Shri Nem Kumar, Advocate
FOR OPP. PARTY NO.1 Shri Parul Chawla, Adv.
FOR OP NO. 2 TO 4 : Exparte.
Quorum
Vinod Kumar Gulati, Presiding Member
Manisha, Member
ORDER:
Vinod Kumar Gulati, Presiding Member:
1. Smt. Rani aged 42 years D/o Sh. Khila Ram, 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 investing an amount of Rs.2,00,000/- in the shape of FDR with the OPs vide registration number FD0002000177 on 29.5.2010 in cash at Dhuri for the period of six years and on maturity i.e. on 28.05.2016, the OPs were to pay to the complainant an amount of Rs.3,94,765/-. Further case of the complainant is that the complainant handed over the original documents for payment to the OPs on 31.5.2016, but the OPs failed to pay the due amount on maturity. Though the complainant approached the Ops on various occasions, but the OPs put off the matter on one pretext or the other. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the OPs be directed to release the maturity amount of Rs.3,94,765/- along with interest @ 18% per annum from 31.05.2016 till realization and further claimed compensation and litigation expenses.
2. Record shows that the OPs did not appear despite service, as such, the OPs were proceeded against exparte.
3. The complainant has tendered documents Ex.C-1 to Ex.C-5 and closed evidence.
4. We have very carefully perused the pleadings, evidence produced on the file and heard the arguments of the learned counsel for the complainant. Both the parties submitted the written arguments have been produced by the complainant.
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 the complainant had invested an amount of Rs.2,00,000/- with the OPs and in turn the OPs issued the deposit confirmation receipt Ex.C-2, whereby it has been stated that the OPs are liable to pay to the complainant an amount of Rs.3,94,765/- on maturity i.e. on 28.05.2016, but the case of the complainant is that the OPs failed to pay the amount of Rs.3,94,765/- on maturity i.e. 28.05.2016. The OP number 1 has though appeared, but did not file the written statement and the other parties chose to remain ex-parte. From the perusal of the documents submitted by the complainant Ex.C-2, it has been observed that the registration letter has been issued and stamped at Abohar by the OP number 2. Further the complainant deposited the registration letter along with the other documents on 31.5.2016 in the office of OP-4 (National Coop. NAT credit Society Ltd. Sangrur) with the stamp of OP-3 (Emerging India Infra and Developers Ltd) at Sangrur for the release of the payment of Rs.3,94,765/-. The OP number 1 in his written arguments has submitted that the complainant has not deposited the policy amount within the territorial jurisdiction of this Forum. Further the complainant has not submitted the document showing that the complainant had deposited the policy within the territorial jurisdiction of this Forum. There is no stamp on the policy of any local office of Ops and the Ops have not received the policy from the complainant within the territorial jurisdiction of the Forum. Further no transaction regarding the policy in question has taken place within the territorial jurisdiction of this Forum and the complainant has concealed this material fact from this Forum.
6. In this context, Ex.C-2 submitted by the complainant has been gone through and it has been observed that the registration letter for Rs.2,00,000/- was issued and stamped at Abohar. The complainant in his complaint has submitted that he paid the an amount of Rs.2,00,000/- in cash to the Ops at Sangrur, but did not place on record any document to support her contention. Also as per Ex.C-3, the complainant has submitted the maturity letter along with the registration letter in the office of National Coop. NAC Credit Society Ltd. Sangrur with the stamp of OP number 1 and 2 on 31.5.2016 for the release of maturity payment. The complainant could not place on record, why the complainant submitted the registration letter in the office of OP-4 (National Coop. NAC Credit Society Ltd. Sangrur) whereas the registration letter was issued by OP number 1. Also the complainant could not place on record any document regarding relationship between the above said entities.(OP-1 to OP-3 and OP-4).
7. So, in view of our above discussion, we find that as the registration letter was issued at Abohar and the complainant could not establish that she paid the amount of Rs.2,00,000/- to the Ops in the territorial jurisdiction of this Forum. As such , this Forum does not have jurisdiction to entertain this complaint. Accordingly, we dismiss the complaint of the complainant on the ground of territorial jurisdiction . However, the complainant shall be at liberty to approach the appropriate court/ Forum having territorial jurisdiction. Parties are left to bear their own costs. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Pronounced.
April 26, 2019.
(Vinod Kumar Gulati)
Member
(Manisha)
Member
