Punjab

Sangrur

CC/1186/2015

Jagmel Singh - Complainant(s)

Versus

GND.Ltd. - Opp.Party(s)

Shri V.K. Singla

04 Jul 2016

ORDER

 

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

         

                                                          Complaint no. 1186                                                                                              

                                                           Instituted on:  01.10.2015

                                                          Decided on:    04.07.2016

                                                                                                                  

 

Jagmel Singh s/o Sh. Hazura Singh resident of Preet Nagar, Hareri Road Sangrur Tehsil  and District Sangrur.  

                                                …. Complainant.      

                                         

Versus

 

1.     GND ( India ) Limited, Railway Station Road, Sangrur through its Branch Manager.

2.       GND ( India ) Limited Corporate Office: 701, Suneja Tower-II, District Center, Janakpuri, New Delhi-110058, through its MD/CEO.

3.       GND ( India) Ltd, Corporate Office, 914, 9th Floor, Kirti Shikhar, Janak Puri, District Center, New Delhi-58.

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:        Shri V.K.Singla, Advocate                          

 

FOR  THE OPP. PARTIES :         Exparte

                    

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Jagmel Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of the OPs, he invested an amount of Rs.40,000/-  in lump sum vide policy certificate bearing number S-396000122 dated 07.05.2013 with the OPs  for purchase of 33.6 units of GND product of the OPs  under buy back & exchange policy  for 66 months  and OPs issued  certificate bearing sr. number 05984 dated 07.05.2013. The OPs agreed to refund the amount of Rs.80000/- on maturity in the shape of minimum estimated price of GND product as mentioned in the policy certificate. Thereafter in April/May 2015 OPs had stopped to work at Sangrur Branch. As such the OPs had terminated the agreement by closing their branch office at Sangrur. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to refund the premature payment of Rs.40000/-  alongwith agreed interest @12.5%  per annum from the date of commencement till actual payment,  

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.7000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs  did not appear and as such OPs were proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 and Ex.C-2 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant invested an amount of Rs.40,000/-  in lump sum vide policy certificate bearing number S-396000122 dated 07.05.2013 with the OPs  for purchase of 33.6 units of GND product of the OPs  under buy back & exchange policy  for 66 months  and OPs issued  certificate bearing sr. number 05984 dated 07.05.2013 which is Ex.C-2. The OPs agreed to refund the amount of Rs.80000/- on maturity in the shape of minimum estimated price of GND product as mentioned in the policy certificate. We have perused the document/ certificate Ex.C-2 and find that the OPs had to repay an amount of Rs.80000/- on maturity in the shape of minimum estimated price of GND product as mentioned in the policy. But in April/May 2015 OPs had stopped to work at Sangrur Branch. The Ops have not come forward to contest the case of the complainant rather they chosen to remain exparte. As such the evidence produced by the complainant has gone unrebutted. From the above discussion, we find that the complainant is entitled to get back his deposited amount alongwith  interest.

5.             For the reasons recorded above, we allow the complaint of the complainant and direct the OPs to refund the premature payment of Rs.40000/- 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 a sum of Rs.3000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1100/- 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

                July 4, 2016

 

 

( Sarita Garg)           ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                                      

Member                 Member                          President

 

 

BBS/-