Punjab

Sangrur

CC/264/2017

Sanjeev Garg - Complainant(s)

Versus

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

Sh. Vikram Manchanda

06 Nov 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 264                                                                                         

                                                                      Instituted on:  05.06.2017                                                                                   

                                                                    Decided on:    06.11.2017

 

Sanjeev Garg aged 38 years son of Sh. Divan Chand resident of H.No.16-A-134, Ward No.7, Shahar Dhuri, Tehsil Dhuri, District Sangrur.

                                                …. Complainant.      

                                         

Versus

1.       Emerging India Infra and Developers Limited, Regd. Office 408, 4th Floor, E-2 Amarpali Plaza, Amarpali Circle, Vaishali Nagar, Jaipur-302021 through its Chairman, M.D./Branch Manager/ Authorized Signatory.

 

2.       Emerging India Infra and developers Limited  Head Office SCO No.46-47, Sector 9-D, Near Matka Chowk Madhya Marg Chandigarh through its Branch Manager/M.D./Authorized Signatory.

 

3.       Emerging India Infra and Developers Limited, Branch Office, Ist Floor of Bank of Baroda, Thandi Sadak Malerkotla Tehsil Malerkotla District Sangrur through its Branch Manager/ Authorized Signatory.

                                                  ….Opposite parties.

FOR THE COMPLAINANT:       Shri Vikram Manchanda Advocate                          

 

FOR  THE OPP. PARTY No.1 : Given up.                          

 

FOR OPP. PARTIES No.2&3 :   Exparte                          

 

 

Quorum

                            

Sukhpal Singh Gill, President

Sarita Garg,  Member

Vinod Kumar Gulati, Member

                 

 

 

ORDER:  

 

 

Sarita Garg, Member

 

1.             Sanjeev Garg, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he  invested an amount of Rs.136500/-  with OPs  vide registration  number  RP0017000215  on  31.03.2011 which was to be matured on 30.03.2017. On maturity of the scheme, the OPs had to repay an amount of Rs.2,10,661/- as maturity amount.  After the maturity date, on 10.04.2017 the complainant submitted original registration certificate and fulfilled all the formalities for releasing the maturity amount.  On 11.04.2017 the OP no.2 transferred an amount of Rs.5000/- in the account of the complainant. Thereafter the complainant requested the OPs so many times to release the  entire remaining amount but they have been putting off the matter on one pretext or the other.  The OPs did not release the remaining amount till today. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to pay Rs.2,05,661/- along with upto date interest @12% per annum from 30.03.2017 till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.40000/- on account unfair trade practice and Rs.40,000/- on account of mental torture, agony and inconvenience and Rs. 30000/- as litigation expenses.

2.             In reply filed by the OP no.2, it is stated that the complainant filed the present complaint on the basis of policy which is policy of the OPs. The complainant filed the complaint by concealing the facts from the Hon'ble Forum. There is no deficiency in service or unfair trade practice.

3.             OPs no. 1 had been given up by the complainant and OP no.3 was proceeded exparte.  Despite affording opportunities to the OPs, no evidence has been produced and ultimately opportunity to produce  the evidence of the OP no.2 is closed by order of the Forum.

 

4.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. Despite affording opportunities to the OPs, no evidence has been produced even nor filed vakaltnama on behalf of the OP no.2 and as such on 25.10.2017 OP no.2 was also proceeded exparte.

5.             We have carefully perused the complaint, version of the Ops and evidence tendered by the complainant and also heard the arguments of the learned counsel for the parties, we find that the complaint has following merits.

6.             It is an admitted fact that the complainant obtained a policy for a period from 31.03.2011 to 30.03.2017 from the OPs  for a sum of Rs.210661/-  as maturity value i.e proved by the evidence tendered by the complainant Ex.C-2. The maturity date of the policy was 30.03.2017. The complainant submitted the original documents with the OPs on 10.04.2017 which is clear by the document tendered by the complainant Ex.C-2 duly signed and stamped by the OPs with the remarks  received original documents but the Op no.2 has taken an objection in its reply that the complaint is premature but this is baseless on the basis of Ex.C-2. On 11.04.2017 the OP no.2 transferred an amount of Rs.5000/- in the account of the complainant maintained with O.B.C. Branch Dhuri.  According to the policy the complainant had to pay the amount in 72 months by paying Rs.2000/- per month. The complainant has tendered documents Ex.C-3 to Ex.C-9 to prove that he had paid amount with the OPs i.e. only Rs.18000/- but he has stated in his complaint that he has paid 72 installments with the OPs by paying Rs.2000/- per month.  In addition to  document Ex.C-9 proves that  the complainant has paid last installment number 72 so it is presumed that the complainant has paid all the amount of 71 `installments  including 72nd  installment. The OPs have not produced any documentary evidence to contest the case of the complainant. So, the complainant is entitled for the full maturity amount.

7.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant remaining amount Rs.2,05,661/- alongwith interest @ 9% per annum from the date of filing of the complaint till realization.  The OPs are further directed to pay an amount of Rs.3500/- on account of mental pain agony and harassment and Rs.1100/- 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

                November 6, 2017

 

 

 

        (Vinod Kumar Gulati) (Sarita Garg)  ( Sukhpal Singh Gill)                                                                                                                                                                                                                  

  Member                    Member                        President