Ashu filed a consumer case on 04 Apr 2018 against Emerging India Infra Ltd. in the Sangrur Consumer Court. The case no is CC/655/2017 and the judgment uploaded on 01 May 2018.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 655
Instituted on: 08.12.2017
Decided on: 04.04.2018
Ashu aged 33 years w/o Jaspal son of Fateh Chand resident of #198, Shekhupura Basti, Ward No.11, Sangrur, Tehsil & District Sangrur.
…. Complainant.
Versus
1. Emerging India Infra Limited SCO No.46-47, Sector 9-D, Near Mattka Chowk Madhya Marg Chandigarh through its Director/M.D.
2. Emerging India Infra Limited Opposite Gurudwara Hargobindpura, Sunami Gate, Sangrur through its Manager.
….Opposite parties.
FOR THE COMPLAINANT: Shri Kuldeep Kuamr Advocate
FOR THE OPP. PARTY NO.1 : Shri Parul Chawla, Advocate
FOR THE OPP. PARTY NO.2 : Exparte.
Quorum
Sarita Garg, Presiding Member
Vinod Kumar Gulati, Member
ORDER:
Sarita Garg, Presiding Member
1. Ashu, 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.15000/- with OPs vide account number SP0018000057 dated 22.12.2010 under for a period of six years. The date of maturity of the plan was 22.12.2016. After the maturity date, the complainant deposited original bonds and fulfilled all the formalities for releasing the maturity amount i.e. Rs.30,000/- Thereafter the complainant requested the OPs so many times to release the maturity amount but they have been putting off the matter on one pretext or the other. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to pay Rs.30000/- 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.30,000/- on account mental agony and harassment and to pay Rs.12,000/- 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.
3. In reply filed by the OP no.1, it is submitted that the complainant never deposited the full amount. It is stated that it was the duty of the OPs to submit the paper to the complainant for further action in the matter but nothing of the short was done by the complainant.
4. The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.
5. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that it is the case of the complainant that she invested an amount of Rs.15,000/- with OPs vide Bond registration number SP 0018000057 on 22.12.2010 under Single Premium Plan (SP) for a period of six years which is evident from document Ex.C-3 on record . The date of maturity of the plan was 21.12.2016. After the maturity date, the complainant deposited original bonds and fulfilled all the formalities for releasing the maturity amount i.e. Rs.30,000/- but the OPs have not released the maturity amount till date. The OP no.1 in its reply has stated that the complainant never deposited full amount with the OPs but from the perusal of the document Ex.C-2 which was issued by the OPs under their signature and stamp we find that the complainant deposited Rs.15,000/- on 22.12.2010. The OP no.2 has not come forward to contest the case of the complainant rather they chosen to remain exparte.
6. For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.30000/- 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
April , 2018
(Vinod Kumar Gulati) ( Sarita Garg )
Member Presiding Member
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