Punjab

Sangrur

CC/577/2016

Malkit Singh - Complainant(s)

Versus

Emerging India - Opp.Party(s)

Shri Ritesh Jindal

19 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

 

                                                                       Complaint No. 577

Instituted on:  27.09.2016

                                                                        Decided on:    19.01.2017

 

 

Malkit Singh aged about 48 years son of Jagga Singh, resident of House No.309, Village Ballan, Tehsil Dhuri, District Sangrur.

 

                                                        …. Complainant.      

                                         Versus

 

 

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

2.     Emerging India Infra and Developers Limited, Regd. Office 408, 4^th Floor, E-2, Amarpali Plaza, Amarpali Circle, Vaishali Nagar, Jaipur, through its Managing Director/Authorized Signatory.

3.     Emerging India Infra and Developers Limited, Head Office SCO 46-47, Sec. 9-D, Near Matka Chowk, Madhya Marg, Chandigarh through its Executive Director/Authorized Signatory.

             ….Opposite parties.

 

 

FOR THE COMPLAINANT:     Shri Ritesh Jindal, Advocate                          

 

FOR OPP. PARTIES           :     Shri Parul Chawla, Advocate                     

 

 

 

Quorum

         

                   Sukhpal Singh Gill, President

                   Sarita Garg, Member

                   Vinod Kumar Gulati, Member

           

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Shri Malkit Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OPs, the complainant availed the services of the Ops by investing an amount of Rs.1,00,000/- in one time investment plan (FDR) with OP number 1 at Sangrur vide registration number SP0007000688 on 19.12.2013 and on maturity the Ops were to pay an amount of Rs.1,26,562/- on 18.12.2015 or to provide a plot of 2000 sq. feet.  Further case of the complainant is that since the period of two years has already expired on 18.12.2015 and the complainant deposited the certificate with the Op number 1 vide acknowledgement dated 02.01.2016 for refund of the maturity amount, but nothing was paid despite repeatedly visit to the Ops by the complainant. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to release the payment of Rs.1,26,562/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, it has been admitted that the complainant invested the amount and further deposited the policy papers with the  Ops. The other allegations leveled in the complaint have been denied. In reply para number 3(a) it has been stated 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 the sort was done by the complainant.”  It is stated further that the Ops are facing financial stringency and soon the problem is controlled, the amount of the policy holders shall be paid. The other allegations leveled in the complaint have been denied

 

3.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of policy, Ex.C-3 copy of receipt/ acknowledgement and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 affidavit and closed evidence.

 

4.             We have very carefully perused the pleadings of the parties, evidence produced on the file and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

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 the complainant had invested an amount of Rs.1,00,000/- with the Ops and in turn the Ops issued the registration letter Ex.C-2, whereby it has been stated that the estimated realizable amount on maturity will be Rs.1,26,562/-, as is evident from the document i.e. copy of policy, which is on record as Ex.C-2. The complainant has further stated that though he submitted all the required documents  with the Ops vide acknowledgement Ex.C-3, but the OPs have failed to repay the maturity amount of Rs.1,26,562/- to the complainant. On the other hand, learned counsel for the OPs has argued that the Ops had sold the plot to the complainant of 2000 sq. ft and had not promised to pay the amount as stated above.  However, the estimated amount payable to the complainant was Rs.1,26,562/- as mentioned in the document Ex.C-2.  The fact remains that the Ops have neither offered any plot of 2000 sq. feet nor returned the amount of Rs.1,26,562/- in full nor gave any such a plot to the complainant. Further, no document has been produced by the OPs to show that they have  purchased any land for allotment to the complainant. In the circumstances, we feel that the Ops are duty bound to return him the promised amount on maturity and by not doing to  the Ops are deficient in rendering service to the complainant.

 

6.             So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.1,26,562/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 18.12.2015 till realization. We further order the OPs to pay to the complainant a sum of Rs.3500/- on account of compensation and further 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.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.  

Pronounced.

 

                January 19, 2017.

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

 

                                               

                                                             (Sarita Garg)

                                                                 Member

                                                       

 

 

                                                        (Vinod Kumar Gulati)

                                                                 Member