DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 289
Instituted on: 16.06.2017
Decided on: 06.10.2017
Kanta Garg aged 56 years w/o Vinod Kumar Resident of H.No.39, Ajit Nagar, Street No.2, Sunam, District Sangrur.
…. Complainant.
Versus
1. Emerging India Infra and Developers Limited, Near Muthoot Finance Sunami Gate, Sangrur through its Branch Manager.
2. Emerging India Infra and developers Limited Head Office SCO No.46-47, Sector 9-D, Near Matka Chowk Madhya Marg Chandigarh through its Manager/GM.
….Opposite parties.
FOR THE COMPLAINANT: Shri Amit Goyal, Advocate
FOR OPP. PARTY NO.1 Exparte
FOR THE OPP. PARTY No.2 : Shri Parul Chawla, Advocate
Quorum
Sarita Garg, Presiding Member
Vinod Kumar Gulati, Member
ORDER:
Vinod Kumar Gulati, Member
1. Kanta Garg, 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.20,000/- with OPs vide registration number SP 0007000195 on 29.01.2011 which was to be matured on 28.01.2017. On maturity, the OPs had to repay an amount of Rs.41639/- as maturity amount. After the maturity date i.e. on 28.01.2017 the complainant 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 matter 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.41639/- 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 and Rs. 5500/- as litigation expenses.
2. In reply filed by the OP no.2, it is stated that the complainant filed the present complaint on the basis of policy which is premature policy . The complainant never contacted the office of the OP no.1 nor assured the complainant that the payment shall be made very soon. There is no deficiency in service or unfair trade practice.
3. The complainant has tendered documents Ex.C-1 to Ex.C-2 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.20,000/- with OPs and OPs had to repay the amount to the complainant after maturity period to the tune of Rs.41639/- which is evident from the copy of registration certificate Ex.C-2 which is duly stamped by the OPs. The OPs did not contest the case of the complainant by producing any documentary evidence.
5. For the reasons recorded above, we find that the complainant well proved her case. Hence, we allow the complaint and direct the OPs to make the payment of Rs.41639/- 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
October 6, 2017
(Vinod Kumar Gulati) (Sarita Garg) Member Presiding Member
