Sher Singh filed a consumer case on 08 Jul 2016 against GND.Ltd. in the Sangrur Consumer Court. The case no is CC/1193/2015 and the judgment uploaded on 15 Jul 2016.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 1193
Instituted on: 01.10.2015
Decided on: 08.07.2016
Sher Singh s/o Sh. Nikka Singh resident of village Baliyal, 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. Sher 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 G10960000245 dated 29.07.2013 and invested an amount of Rs.24,000/- in quarterly installments of Rs.1180/- each for purchase of 4.00 units of GND product of the OPs under IPS/ G1 Plan for five years and OPs issued certificate bearing sr. number 124411 dated 29.07.2013. The OPs agreed to refund the amount of Rs.33200/- on maturity in the shape of minimum estimated price of GND product i.e. 5 units of jewellary. The complainant had deposited Rs.9440/- in eight (8) quarterly installments of Rs.1180/- till March, 2015 but thereafter in April/May 2015 OPs had stopped to work at Sangrur Branch and therefore the complainant could not deposit the further installments due to closure of branch office. 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.9440/- 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.5000/- as litigation expenses.
2. Notices were issued to th1e 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 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 G10960000245 dated 29.07.2013 and invested an amount of Rs.24,000/- in quarterly installments of Rs.1180/- each for purchase of 5.00 units of GND product of the OPs under IPS/ G1 Plan for five years and OPs issued certificate bearing sr. number 124411 dated 29.07.2013 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.33200/- on maturity in the shape of minimum estimated price of GND product i.e. 5 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.9440/- in eight (8) quarterly installments of Rs.1180/- till March, 2015 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.9440/- 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 8, 2016
( Sarita Garg) ( K.C.Sharma) (Sukhpal Singh Gill)
Member Member President
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