Punjab

Faridkot

CC/20/110

Nirmala Devi - Complainant(s)

Versus

Emerging India - Opp.Party(s)

Gurnishant Singh

16 Mar 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

Complaint No. :       110 of 2020

Date of Institution :   31.07.2020

Date of Decision:      16.03.2022

Nirmala Devi aged about 68 years w/o Krishan Kumar r/o #B-9/262, Near Sham Mandir, Sham Nagar, Surgapuri, Kotkapura, Tehsil Kotkapura, District Faridkot.                     ...Complainant

Versus

1. The National Co-Op Nat Credit Society Ltd., Corporate Office : Shop No. 3, Sante Majra, Opposite Divine World, Kharar through its Managing Director/ Responsible Person/ Authorized Signatory/ Director.
2. M/s Emerging Valley Pvt Ltd. Registered Office : SCO 46-47, 1^st Floor, Sector -9D, Madhya Marg, Chandigarh through its Managing Director/ Responsible Person/ Authorized Signatory/ Director.
3. Emerging India Infra and Developers Limited, Branch Office Faridkot Road, Near Railway Track, Kotkapura District Faridkot through its Branch Manager.                            

 

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Also at Mr Gurpreet Singh Sidhu r/o Village Dhabbha Kukerian, Tehsil & District Abohar.

Also at Mr Gurpreet Singh Sidhu r/o # 317, Sector 21-C, Chandigarh.

 Also at Abad City Centre, Sector-115, Kharar Landran Road, Besides of yes Bank, Mohali.

                                                          ........ OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

Present:       Sh Gurnishant Singh, Ld Counsel for complainant,    

                   OPs Exparte.

  (ORDER) 

( Param Pal Kaur, Member)

 

                                               Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to give possession of the booth  or to

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refund the amount of Rs.13,73,575/-with interest besides Rs.2,00,000/-as compensation for harassment and mental agony alongwith litigation expenses of Rs.10,000/.

2                                              Briefly stated the case of complainant is that OPs approached him for investment in their company and complainant deposited Rs.8 lacs with them on 14.03.2016 and it was agreed between complainant and OPs that they would return an amount of Rs.13,73,575/-on 13.06.2019 or they would provide him property i.e booth (ground floor) area 250 sq feet in Emerging Valley Project at Landran Banur Road, Village Naugari. Amount of complainant was returnable after three years and three months.  It was assured that OPs would refund the   money or would provide property in Emerging Valley Project. On maturity, complainant approached OP-3 for collecting the maturity value and OP-3 told her that payment or possession of booth would be made within few days. After few days, complainant again approached OP-3, but she was told to come after few days and thereafter, OPs kept putting her off on one pretext or the

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other and finally refused to return the money and also did not give her possession of booth as per agreement. Complainant approached OPs several times and made request for giving possession of booth or for refund of his amount, but they have refused to listen to her genuine requests and refused to refund the amount, which amounts to deficiency in service. All this amounts to deficiency in service and trade mal practice on the part of OPs and has caused huge harassment and mental agony to her. Complainant has prayed for directing OPs to refund Rs.13,73,575/- with interest and has also prayed for compensation of Rs.2,00,000/- besides Rs.10,000/- as cost of litigation. Hence, the complaint.

3                                              The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 06.08.2020, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                  As per office report, notice issued to OP-1 through registered cover received back with report ‘office closed’ and

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regarding OP-2 and OP-3, Postal Authorities returned the RCs with report ‘Addressee Left without address’. As complainant did not have any other address of OPs, therefore, he moved an application for effecting service to OPs through publication. His application was allowed and OPs were duly served through publication in vernacular newspapers, but despite repeated calls on date fixed, no body appeared in the Commission on behalf of OPs either in person or through counsel to defend the allegations levelled by complainant and therefore, vide order dated 08.11.2021, OP-1, OP-2 and OP-3 were proceeded against exparte.

5                                              Ld Counsel for complainant tendered in exparte evidence, affidavit of complainant as Ex.C-1, and documents Ex C-2 and Ex C-3 and then, closed the evidence on behalf of complainant.

6                                      We have heard the exparte arguments addressed by ld counsel for complainant and have also carefully gone through the record available on the file.

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7                                            From the careful perusal of the record it is observed that case of the complainant is that on assurance of  OPs, complainant invested Rs.8 lacs with them on 14.03.2016 and it was agreed between parties that OPs would either return an amount of Rs.13,73,575/-on date of maturity or they would provide him property i.e booth (ground floor) area 250 sq feet in Emerging Valley Project at Landran Banur Road, Village Naugari. Grievance of complainant is that as per assurance and agreement, she was entitled for possession of property or for refund of maturity value of amount of deposited, but OPs refused to return the money as well as  also did not give her possession of property. It amounts to deficiency in service and has caused harassment to her. She has prayed for accepting the present complaint alongwith compensation.

8                                    Document Ex C-2 is Deposit Confirmation Receipt on which it is clearly mentioned that complainant deposited huge amount of Rs.8 lacs with OPs on 30.03.2016 and date of maturity is 13.06.2019. Term shown over this document is 39 months and

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maturity value after interest of 18% is described as Rs.13,73,575/-. Ex C-3 is agreement between complainant and OPs that clears all the doubts and proves the pleadings of complainant that there was an agreement between complainant and Ops that in lieu of deposit of Rs.8 lacs of complainant with them, OPs would either provide her maturity value of Rs.13,73,575/- or would  provide property to her in Emerging Valley Project on due date. Everything in respect of amount received, duration of retention of amount with them, interest to be given or property to be  handed over to complainant on date of maturity is clearly mentioned over it.

9                                                 From the above discussion and documents placed on record by complainant, we are fully convinced with the arguments advanced by ld counsel for complainant. OPs are exparte in present case and there is no rebuttal from OPs side. Complainant has succeeded in proving his case. The act of OPs in not giving the maturity value of Rs.13,73,575/- or agreed booth area of 250

 

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square feet on date of maturity despite repeated requests, amounts to deficiency in service and trade mal practice on their part.     

10                                       From the careful perusal of the record and in the light of documents  Ex C-2 and Ex C-3 that Deposit Confirmation Receipt and Agreement dated 14.03.2016 respectively, this Commission is fully convinced with the pleadings and arguments advanced by ld counsel for complainant and is of considered opinion that OPs have been deficient in services and there is trade mal practice on the part of OPs in not releasing the amount or in not delivering the property  as per agreement. Hence, the present complaint is hereby allowed.  OPs are directed to refund the amount of Rs.13,73,575/- with interest at the rate of 3% from the date of maturity till final realization i.e maturity value of Rs. 8 lacs deposited by complainant with them on 30.03.2016 as per Ex C-2. OPs are further directed to pay Rs.3,000/-as compensation for harassment and mental agony suffered by her besides Rs.2,000/-as litigation expenses to complainant. OPs are directed to comply with the order within one month from the date of receipt of the

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copy of this order, failing which complainant shall be entitled to proceed under Section 71 and 72 of the Consumer Protection Act. Copies of order be supplied to the parties free of costs under the rules. File be consigned to record room.

Announced on

Dated : 16.03.2022

(Vishav Kant Garg)       (Param Pal Kaur)                        

Member                          Member