Punjab

Sangrur

CC/68/2018

Sandes Arora - Complainant(s)

Versus

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

Sh.Rahul Sharma

01 Jun 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 68                                                                                           

                                                                   Instituted on:  13.02.2018                                                                                    

                                                                   Decided on:    01.06.2018

 

Sandes Arora aged 35 years son of Des Raj Girdhar, resident of H.No.B-200, Guru Nanak Colony Gali No.1, 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.             Sandes Arora, 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 28.02.2011 and deposited Rs.1000/- per month  with OPs.  The maturity date of the policy was 27.02.2017 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 28.02.2017 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 on 10.05.2018and he was proceeded exparte 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 28.02.2011 and deposited Rs.1000/- per month  with OPs.  The maturity date of the policy was 27.02.2017 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 11651 dated 28.02.2011 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