Punjab

Sangrur

CC/575/2016

Hargopal - Complainant(s)

Versus

Emerging India Infra Developers Limited - Opp.Party(s)

Shri Ritesh Jindal

22 Dec 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 575                                                                                        

                                                                   Instituted on:  26.09.2016

                                                                   Decided on:    22.12.2016

 

Hargopal aged about 45 years son of Chiman Lal resident of 119, Village Balia, Tehsil Malerkotla District Sangrur.

                                                …. Complainant.      

                                         

Versus

1.       Emerging India Infra and Developers Limited, Ist Floor Near Muthoot Finance Sunami Gate, Sangrur through its Branch Manager Deepak Kumar.

2.       Emerging India Infra and developers Limited, Regd. office  408, 4th Floor, E-2,Amrapali Plaza, Amrapali Circle Vaishali Nagar, Jaipur-302021, through its Managing Director/ Authorized Signatory.

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

….Opposite parties.

 

FOR THE COMPLAINANT:        Shri G.S.Shergill Advocate                          

 

FOR THE OPP. PARTIES  :         Shri Parul Chawla, Advocate          

 

Quorum

         

                    Sukhpal Singh Gill, President

Vinod Kumar Gulati, Member

 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Hargopal, 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.1,50,000/-  in single time installment ( F.D.R)  with OPs  vide registration  number SP 0007000660  on  13.11.2013 which was to be matured on 12.11.2015. On maturity, the OPs had to repay an amount of Rs.1,89,844/- as maturity amount.  The complainant fulfilled all the formalities for releasing the maturity amount and OPs issued the acknowledgment dated 02.01.2016. 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.1,89,844/- along with interest @18% per annum from the date of maturity till its realization,

 

ii)     OPs be directed to pay an amount of Rs.50,000/- on account of deficiency in service and to pay to the complainant a sum of Rs.11000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.11000/- as litigation expenses.

2.             In reply filed by the OPs,  it is submitted  that  it was the duty of the OPs to submit the policy papers  to the complainant  for further action in the matter but nothing of sort was done by the complainant. It is further stated that  if the OPs have deposited the policy papers with the complainant  then the burden of proof lies on the complainant . The complainant never visited  the office of the OP no.1.   

3.             The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence. On the other hand, OPs have only tendered an affidavit Ex.OPs1to3-1and closed evidence.  

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that the complainant had deposited Rs.1,50,000/- with OPs under     F.D.R.

( Single Time Installment) for one year  and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.189844/- which is evident from policy document Ex.C-2. On the other hand, Ops have not denied the fact of deposit of said amount  for a period of two years and its maturity value  is Ex.1,89,844/-.  It has not been specifically denied by the OPs that the complainant has not fulfilled the requisite formalities. Rather from the perusal of the reply filed by the OPs we find that OPs have specifically stated in the reply that  it was the duty of the OPs to submit the policy papers to the complainant  for further action in the matter. It has been further stated in the reply that  if the OPs have deposited the policy  papers with the complainant then the burden of proof lies on the complainant. We feel that the OPs have filed such a vague and meaningless written reply on their behalf. Moreover, the OPs have not produced on record any document/evidence which could show that they have made efforts to make the maturity amount of the complainant. 

5.             For the reasons recorded above, we feel that it is well proved and genuine case of the complainant and the OPs have miserably failed to repay the maturity amount to the complainant and as such we allow the complaint of the complainant and direct the OPs to make the  maturity amount of Rs.1,89,844/- to the complainant along with interest @9% per annum from the date of maturity of the policy till realization. We further order the OPs to pay to the complainant a sum of Rs.3500/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1500/- as litigation expenses.

6.             This order of ours shall be complied with  within 30 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

                December 22, 2016

 

 

 

( Vinod Kumar Gulati)                            (Sukhpal Singh Gill)                                                                                           

Member                                                    President

 

 

BBS/-