Sunita filed a consumer case on 05 Dec 2017 against Emerging India Infra and developers Ltd. in the Sangrur Consumer Court. The case no is CC/392/2017 and the judgment uploaded on 07 Dec 2017.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 392
Instituted on: 07.08.2017
Decided on: 05.12.2017
Sunita Wife of Mangal Nidhi resident of House no.225, Sunder Basti, Ward No.16, Sangrur District Sangrur.
…. Complainant.
Versus
1. Emerging India Infra and Developers Limited Ist Floor, Near Muthoot Finance, Sunami Gate, Sangrur through its Branch Manager.
2. Emerging India Infra and Developers Limited through its Director Regd. Office Shop No.304, Third Floor, 36 E Block Sky Tower, Sri Ganganagar ( Rajasthan) PIN-335001.
3. Emerging India Infra and developers Limited Head Office SCO No.46-47, Sector 9-D, Near Matka Chowk Madhya Marg Chandigarh-160009 through its Executive Director.
….Opposite parties.
FOR THE COMPLAINANT: Shri Vinay Jindal Advocate
FOR OPP. PARTIES No.1&3 : Exparte
FOR THE OPP. PARTY No.2 : Given up.
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Sunita 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.5000/- half yearly for six years with OPs vide registration number RP0007000531 on 25.06.2011 and she deposited total Rs.60,000/- in twelve installments. The Ops had to repay an amount of Rs.90437/- on 24.06.2017. After the maturity date, on 04.07.2017 the complainant submitted required documents with OPs and fulfilled all the formalities for releasing the maturity amount and OPs issued receipt dated 04.07.2017 . The complainant requested the OPs so many times to release the maturity amount but the OPs did not do so. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to pay Rs.90437/- along with interest @18% per annum from the date of maturity till realization,
ii) OPs be directed to pay to the complainant a sum of Rs.50000/- on account of mental torture, agony and inconvenience and Rs. 20000/- as litigation expenses.
2. Despite service the OPs no.1 and 3 did not appear and as such they were proceeded exparte. The OP no. 2 had been given up by the complainant.
3. The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.
4. 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 has alleged that she obtained a half yearly payment Scheme for six years from OPs by depositing an amount of Rs.5000/- with OPs vide registration number RP0007000531 on 25.06.2011 which was to be matured on 24.06.2017 which is evident from the copy of registration certificate Ex.C-2 which is duly stamped by the OPs. The complainant has produced copy of pass book Ex.C-3 wherein entry of every installment of Rs.5000/- had been mentioned by the OPs under their signatures. The OPs have not produced any documentary evidence to contest the case of the complainant rather they chose to remain exparte. As such evidence produced by the complainant has gone unrebutted on record.
5. For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount Rs.90437/- 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.
6. 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
December 5, 2017
(Vinod Kumar Gulati) (Sarita Garg) ( Sukhpal Singh Gill)
Member Member President
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.