Punjab

Sangrur

CC/1190/2015

Major Singh - Complainant(s)

Versus

GND.Ltd. - Opp.Party(s)

Shri V.K. Singla

01 Jul 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 1190                                                                                               

                                                                    Instituted on:  01.10.2015

                                                                    Decided on:    01.07.2016

 

Major Singh son of Shri Joginder Singh resident of village Namol,  Tehsil Sunam, 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 Centre New Delhi-58 through its MD/CEO

II)    Sh. Satnam Singh Randhawa CMD, GND ( India) Ltd. F-Block, Kothi No.240, Opposite K.R. Maglam School, Vikas Puri, New Delhi.   

      ….Opposite parties.

 

 

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

 

FOR  OPP. PARTY No.1 :            Given up.                    

 

FOR OPP. PARTIES No.2&3 :     Exparte.                     

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Avtar 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 opened an account number G196000215 dated 10.07.2013 and invested an amount of Rs.60,000/-  in quarterly installments of Rs.2950/- each  for purchase of 10.00 units of GND product of the OPs  under IPS/ G1 Plan for five years and OPs issued  certificate bearing sr. number 120485 dated 10.07.2013. The OPs agreed to refund the amount of Rs.83000/- on maturity in the shape of minimum estimated price of GND product i.e. 10 units of jewellary. The complainant had deposited Rs.8850/- in three (3) quarterly installments of Rs.2950/- till April, 2014 but thereafter the complainant could not deposit the further installments due to his financial problem. In the month of May, 2015 the complainant went to the OP to deposit the installment but the OPs closed the Sangrur branch and due to  closure of branch office he could not deposit further installments.  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.8850/-  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.6000/- as litigation expenses.

2.             Notices were issued to th1e OPs but despite service OPs No. 2&3 did not appear and as such OPs No.2&3 were proceeded exparte. Learned counsel for the complainant has made a statement on 05.04.2016 for giving up OP No.1.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-3 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 he opened an account number G196000215 dated 10.07.2013 and invested an amount of Rs.60,000/-  in quarterly installments of Rs.2950/- each  for purchase of 10.00 units of GND product of the OPs  under IPS/ G1 Plan for five years and OPs issued  certificate bearing sr. number 120485 dated 10.07.2013 which is Ex.C-2. We have perused the document/ certificate Ex.C-2 and find that the OPs had to repay an amount of Rs.83000/- on maturity in the shape of minimum estimated price of GND product i.e. 10 units of jewellary. The complainant has also produced copy of receipt of payment Ex.C-3. The complainant's specific case is that he had deposited only Rs.8850/- in three (3) quarterly installments of Rs.2950/- till April, 2014 but thereafter in April/May 2015 OP had stopped to work at Sangrur Branch  and therefore he could not deposit the further installments due to closure of branch office. 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.8850/- 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 1, 2016

 

 

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

Member                 Member                          President

 

 

BBS/-