Punjab

Sangrur

CC/69/2018

Ved Parkash Goyal - Complainant(s)

Versus

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

Sh.Rahul Sharma

04 Jun 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 69                                                                                           

                                                                    Instituted on:  13.02.2018                                                                                    

                                                                   Decided on:    04.06.2018

 

1.     Ved Parkash Goyal  aged 73 years son of Bhagwat Saroop;

2.     Ram Murti Goyal  aged 68 years wife of Ved Parkash Goyal son of Bhagwat Saroop both residents of B-V/198, Krishna Basti, Patiala Gate, Sangrur District Sangrur.     

                                                …. Complainants.   

 

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  Director.

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. PARTIES No. 1&2  :      Exparte                          

 

FOR  OPP. PARTY No.3    :             Given up.                          

 

 

 

 

 

Quorum

                            

 

Sukhpal Singh Gill, President

Sarita Garg,  Member

           

 

ORDER:  

 

 

Sukhpal Singh Gill, President

 

1.             Ved Parkash Goyal  and Ram Murti, complainants have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that they  purchased a policy  of six years plan on 27.09.2010 and deposited Rs.2,00,000/- with OPs.  The maturity date of the policy was 26.09.2016 and an amount of Rs.1750/- as interest had to be given to the complainant by the OPs  per month. The OPs had given an amount of Rs.1750/- as interest upto 26.09.2016. The complainants requested the OPs to refund the maturity payment of Rs.2,00,000/-  and  handed over documents for payment   with the  Sangrur branch of the OPs who put the signatures.  After maturity of the policy the complainants visited the office of the OPs at Sangrur  but  he came to know  that Sangrur  branch office of the OPs was locked. Thereafter the complainants approached the OPs 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 complainants have sought following reliefs:- 

i)      OPs be directed to make the balance payment  of Rs.2,00,000/- along with Interest @18% per annum  from 27.09.2016 till realization,  

ii)     OPs be directed to pay to the complainants 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 and he was proceeded exparte on 10.05.2018.  Learned counsel for the complainants 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 complainants have tendered documents Ex.C-1 to Ex.C-3 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 complainants, we find that it is the case of the complainants that they purchased a policy  of six years plan on 27.09.2010 and deposited Rs.2,00,000/- with OPs.  The maturity date of the policy was 26.09.2016 and an amount of Rs.1750/- as interest had to be given to the complainant by the OPs per month which is evident from  copy of policy document Ex.C-2. The OPs had given an  amount of Rs.1750/- as interest upto 26.09.2016. Thereafter complainants requested the OPs to refund the maturity payment of Rs.2,00,000/-  and  handed over documents for payment   with the  Sangrur branch of the OPs who received the same and put their signatures on the receipt which was issued on 16.09.2016. The complainants have produced on record copy of letter of demand of maturity amount Ex.C-3 which was duly received by the OPs under their signature and stamp.   The OPs have not come forward to contest the case of the complainants rather they chosen to remain exparte. As such evidence produced by the complainants has gone unrebutted on record.

6.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainants maturity amount of the deposited amount of Rs.2,00,000/- 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 4, 2018

 

 

                       (Sarita Garg)                          (Sukhpal Singh Gill)                                                                                                                                                                                                                               Member                                   President