Complainant Jaswant Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to  pay the amount of Rs.2,08,195/- alongwith interest @11% from the date of maturity i.e. 9.2.2017 or to give a plot of 2000 square feet to him. Opposite parties be further directed to pay Rs.20,000/- as compensation for harassment and mental agony suffered by him alongwith Rs.20,000/- as litigation expenses.

2.        The case of the complainant in brief is that on 10.02.2011, he had executed an agreement with the opposite party namely Emerging India  Infra and Developers Ltd., Ground Floor, Nanda Complex, Dhangu Road, Opp. Venice Hotel, Pathankot through an agent having a plan agreement of Regd. No.SP0016000076 for 6 years and consideration value of Rs.1,00,000/- according to which opposite party has agreed that the opposite party will be giving the plot of 2000 square feet or Rs.2,08,195/- to him on its matured dated 9.2.2017. He has submitted original agreement and a copy of Adhaar Card to the opposite party no.1, Branch Manager, Pathankot namely Gulshan Kumar and they told that all the money will be returned or a plot of 2000 square feet will be allotted within one month in his favour but money was not returned to him nor any plot of 2000 square feet was allowed in his favour till date. He has contacted with Gulshan Kumar by face and by by phone but all in vain.  By the illegal act of the opposite, he has suffered harassment and mental agony which amounts to deficiency in service on the part of the opposite parties. Hence this complaint.

3.  Notice issued to the opposite parties, but none had come present on their behalf, therefore, they were proceeded against exparte vide orders dated 9.2.2018 and 4.4.2018.

4.      In exparte evidence complainant tendered into evidence his own affidavit Ex.C-1, alongwith other documents Ex.C2 to Ex.C6 and closed the evidence. 

5.       We have carefully examined all the documents/evidence as available on the complaint records (as duly put forth by the complainant) along with the scope of the adverse inference that may be judicially but discretionarily drawn on account of the intentional absence/optional ex-parte proceedings by the titled opposite parties despite the proven notice/service of summons; of course, in the very back-drop of arguments as put forth by the complainant.

6.       The complainant has pleaded in his complaint that on 7.02.2011, he had executed an agreement with the opposite party through an agent having a plan agreement of Regd. No.SP0016000072 for 6 years and consideration value of Rs.1,00,000/- according to which opposite party has agreed that the opposite party will be given the plot of 2000 square feet or Rs.2,08,195/- to him on its matured dated 6.2.2017 but they did not do anything till date.  The opposite party has failed to come present and rebut the allegations leveled in the complaint and thus, has impliedly admitted the claim of the complainant. Accordingly, the present complaint is hereby allowed and the opposite party is directed to pay Rs.2,08,195/- alongwith interest @ 6% from the date of maturity i.e. 07.02.2017 or to give a plot of 2000 square feet to the complainant. The opposite party is further directed to pay to the complainant a sum of Rs.5000/- as consolidated compensation including litigation expenses within 30 days of the receipt of the copy of the present orders otherwise the awarded amount shall attract interest @ 9% PA from the date of orders till actual payment.

7.       Copy of the order be communicated to the parties, free of charges. After compliance, file be consigned.             

                                                                      (Naveen Puri)

                                                                           President   

Announced:                                                  (Jagdeep Kaur)

June,08 2018                                                        Member

*MK*