Punjab

Sangrur

CC/489/2016

Asha Rani - Complainant(s)

Versus

Emerging India - Opp.Party(s)

Shri Mahesh Satija

15 Dec 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 489                                                                                        

                                                                   Instituted on:  12.08.2016

                                                                   Decided on:    15.12.2016

 

Asha Rani aged about 59 years wife of Harbans Rai Singla House No.155 Kishan Bagh Colony Outside Nabha Gate Sangrur Tehsil and District Sangrur.                                                           …. Complainant.      

                                         

Versus

 

1.       Emerging India Infra and Developers Limited, Ist Floor Near Muthoot Finance  Outside 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, through its M.D./GM/D.G.M Operation ( given up on 07.10.2016).

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 Mahesh Satija  Advocate                          

 

FOR THE OPP. PARTIES  :         Shri Parul Chawla, Advocate         

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

                 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Asha Rani, 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.50,000/-  in single time installment for six years under  Monthly Income Scheme with OP  no.1 vide registration  number MP 0007000003  on  31.08.2010 which was to be matured on 30.08.2016. Under the scheme  the OPs had to pay an amount of Rs.438/-  per month as interest and an amount of Rs.50,000/- at the time of maturity. the complainant received  interest ( monthly income ) @ 438/-  per month from 1.9.2010 to 30,.04.2015 .  On 23.05.2015  the complainant deposited the original certificate along with application  and fulfill all the requirement and OPs issued  acknowledgement/ receipt on 23.05.2015  to the complainant. Thereafter the complainant requested the OPs so many times to release remaining amount  but they have been putting off the complainant on one pretext or the other .  The OPs did not release the maturity amount and interest 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 payment of Rs.50000/- along with interest (monthly income ) @438/- per month  from 1.5.2015  till  realization and to pay  the penal interest @18% till realization of the entire amount,

ii)     OPs be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.25000/- as litigation expenses.

2.             In reply filed by the OPs no.1&3, it is submitted  that  the policy of the complainant  was to mature on 30.08.2016 and the  complainant could have file the complaint against the OPs after expiry of two months of the date of maturity however the present complaint is premature being filed on 12.08.2016 . The complainant never visited the office of OP no.1 nor  any it was told to the complainant  that the payment shall be made in July, 2016. The present complaint is baseless  because  the policy holders were informed  by the OPs earlier  to 1.5.20125  that the OPs  are facing  financial stringency and as soon this problem is controlled  the amounts of the policy holder shall be given to them without any delay.

3.             As per record, OP no.2 was given up by the complainant on  07.10.2016. 

4.             The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence. On the other hand, OPs no. 1 and 3 have only tendered an affidavit Ex.OP1&3/1and 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 she invested an amount of Rs.50,000/-  in single time installment for six years under  Monthly Income Scheme with OP  no.1 vide registration  number MP 0007000003  on  31.08.2010 which was to be matured on 30.08.2016 which is evident from receipt cum  acceptance letter  Ex.C-2. On the other hand, Ops have not denied the fact of deposit of said amount  for a period of six years.  It has not been stated  by the Ops that the policy of the complainant was to mature on 30.08.2016 and  he could have file the complaint after the expiry of two months however the present complaint is premature being filed on 12.08.2016. The complainant has also produced on record  letter of demand of payment dated 23.05.2015 Ex.C-1 wherein the complainant  has demanded the maturity amount of Rs.50,000/- from the  OPs. We feel that it is the duty of the OPs to release the  deposited amount as demanded by the complainant but the Ops did not do so. The complainant has also claimed that the OPs be directed to pay the interest ( monthly income) @438/- month from 01.05.2015 till realization but surprisingly the complainant has not produced on record any proof/ demand regarding the payment of above said amount nor produced any policy document which could show that the OPs are liable to pay interest ( monthly income) . As such we feel that the complainant is not entitled to claim the above said relief. 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 the OPs have miserably failed to repay the invested/ deposited amount to the complainant and as such we allow the complaint of the complainant and direct the OPs to make the  deposited/ invested amount of Rs.50000/- to the complainant along with interest @9% per annum from the date of maturity of the policy i.e. 30.08.2016 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.

7.             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 15, 2016

 

 

 

( Sarita Garg)                                   (Sukhpal Singh Gill)                                                                                                                        Member                                                    President

 

 

BBS/-