BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 608 of 2019                                                                         

                                                     Date of Institution         :    10.10.2019

                                                          Date of Decision   :    09.01.2020.

Manju Bala aged about 41 years wife of Shri Gurdial Singh, resident of village Maujdin, Tehsil and District Sirsa. 

                      ……Complainant.

                             Versus.

1. Harbhajan son of Shri Kirpal, resident of village Mohar Singh Their, Near Dhani Satnam Singh Rai Singh, Near Dhani Tambu Wali, Dhani Kavya, Nehra Wali Colony, Ward No.3, Behind New Bus Stand, Rania, Tehsil Rania, District Sirsa.

2. Genial Hitech Agro India Ltd. Rori Road Talwandi Sabo, District Bathinda (PB) through its authorized person.                                                           

...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT

SMT. SUKHDEEP KAUR………………MEMBER

Present:       Sh. P.K. Berwal,  Advocate for the complainant.

                   Opposite parties exparte.

ORDER

                   The case of the complainant in brief is that opposite party no.2 is having one of its branch office at Rania and op no.1 is its incharge. That in the month of January, 2016, the op no.1 approached the complainant at village Maujdeen and allured her to purchase the policy of op no.2. The complainant being impressed with op no.1 purchased a policy from op no.1 bearing No. A002624 registration No. 0800261 on 9.2.2016 and paid first installment on 9.2.2016. It is further averred that aforesaid policy was for a period of 36 months and the complainant had to pay a sum of Rs.1000/- per month to the ops and the policy was to be matured on 9.2.2019. As per the terms of the policy, after maturity the complainant had to receive Rs.45,000/- from the ops. It is further averred that complainant started making payment of installments of Rs.1000/- every month regularly without any default against proper receipts. However, the receipts regarding the month of February, 2018 to February, 2019 have not been supplied to the complainant by the ops. That after completion of the policy, the complainant approached the ops and requested them to make payment of Rs.45,000/- to her but the ops started avoiding the request of complainant on one false pretext or the other and now about a week ago, the ops have flatly refused to admit the claim of complainant. Hence, this complaint.

2.                Notice of the complaint was issued to the opposite parties through registered cover but the opposite parties failed to appear and since none appeared on behalf of ops and a period of 30 days already elapsed, so the ops were proceeded against exparte.

3.                The complainant has tendered her affidavit Ex.C1, copy of registration letter Ex.C2 and copies of receipts Ex.C3 to Ex.C23.

4.                We have heard learned counsel for complainant and have gone through the record carefully.

5.                The complainant in order to prove her complaint has furnished her affidavit Ex.C1 in which she has deposed and reiterated all the averments made in the complaint. She has also furnished copy of registration letter dated 9.2.20216 as Ex.C2 and copies of receipts of amount of Rs.1000/- each as Ex.C3 to Ex.C23. The pleadings and evidence of the complainant goes as unchallenged and unrebutted as the opposite parties have failed to appear before the Forum and opted to be proceeded against exparte. It is proved on record from registration letter dated 9.2.2016 Ex.C2 and receipts Ex.C3 to Ex.C23 that complainant has deposited an amount of Rs.23,000/- with the ops in installments of Rs.1000/- each. The complainant is entitled to refund of this amount of Rs.23,000/- from the ops.

6.                In view of above discussion, we allow this complaint and direct the opposite parties to refund amount of Rs.23,000/- to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which ops will be liable to pay interest @7% per annum from the date of order till actual payment. We also direct the opposite parties to further pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.   

Announced in open Forum.                                                             President,

Dated: 09.01.2020.                                     Member                District Consumer Disputes

                                                                                               Redressal Forum, Sirsa.