DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 213
Instituted on: 15.05.2017
Decided on: 13.09.2017
Santosh aged 65 years wife of Narsingh Lal resident of Maan Colony, House No.45 Gali No.5, Patiala Gate, 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 Managing Director/ Manager.
2. Emerging India Infra and developers Limited SCO No.46-47, Sector 9-D, Near Matka Chowk Madhya Marg Chandigarh through its Manager.
3. Emerging India Infra and Developers Limited, Roxy Road, Outside Sunami Gate, Sangrur Punjab. Pin code-148026 through its Branch Manager.
….Opposite parties.
FOR THE COMPLAINANT: Shri S.S.Dhindsa, Advocate
FOR THE OPP. PARTIES NO.1&3: None
FOR THE OPP. PARTY No.2 : Shri Parul Chawla, Advocate
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Santosh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she invested an amount of Rs.50,000/- with OPs vide registration number SP 0007000215 on 10.02.2011 which was to be matured on 09.02.2017. On maturity, the OPs had to repay an amount of Rs.1,04,098/- as maturity amount. On 14.02.2017 the complainant approached OP no.1 and submitted original registration certificate and fulfilled all the formalities for releasing the maturity amount. Thereafter the complainant requested the OPs so many times to release the above said maturity amount but they have been putting off the complainant on one pretext or the other. The OPs did not release 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/ release the maturity amount of Rs.104098/- along with interest @18% per annum from the date of maturity till its realization,
ii) OPs be directed to pay to the complainant a sum of Rs.30000/- on account of mental torture, agony and inconvenience as litigation expenses.
2. In reply filed by the OP no.2, it is stated that the present complaint has been filed by concealing the facts from the court. No legal notice was ever issued by the complainant. So, the question of refusal to pay the amount does not arise. There is no deficiency in service or unfair trade practice.
3. The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence. Despite affording opportunities to the OPs, no evidence has been produced and ultimately opportunity the evidence of the OPs is closed by order of the Forum.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant and OP no.2, we find that the complainant has alleged that she had deposited Rs.50,000/- with OPs and OPs had to repay the amount to the complainant after maturity period to the tune of Rs.1,04,098/- which is evident from the copy of registration certificate Ex.C-2 which is duly stamped by the OPs regarding receipt of the original certificate for release of the payment. The OPs did not contest the case of the complainant by producing any documentary evidence.
5. For the reasons recorded above, we allow the complaint and direct the OPs to make the payment of Rs.1,04,098/- alongwith interest @9% per annum from the date of filing of the complaint till realization. We direct the OPs to pay to the complainant an amount of Rs.3500/- being compensation on account of mental pain agony and harassment and Rs.1500/- as litigation expenses.
6. This order of ours shall be complied with within 60 days from the receipt of copy of the order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course. Announced
September 13, 2017
( Vinod Kumar Gulati) ( Sarita Garg) (Sukhpal Singh Gill)
Member Member President
BBS/-
