Order by:

Smt.Aparana Kundi, Member

1.       The complainant  has filed the instant complaint under section 12/14 of Consumer Protection Act, 1986 on the allegations that the agent of Opposite Party namely Paramjit Kaur Code no.00221 approached to complainant and she was motivated her to take Rich Infra, Rich Link Plan. On such allurement, the complainant agreed to purchase the said plan of the Opposite Party. As per the plan that the deposited amount will be doubled in six years or can be opted a piece of land as per the choice. The complainant took the plan namely Rich Link after paying Rs.50,000/- on 19.10.2011 and the maturity date was 19.10.2017 and amount due after the maturity will be Rs.1,01,364/-. After the maturity date complainant submitted the original copies of the plan for the payment. After repeated reminders no reply was received from Rich Infra Director. On 26.03.2021 complainant served a legal notice through her counsel to Opposite Party to pay the amount alongwith interest. The Opposite Party replied the legal notice dated 22.04.2021 writing excuses that S.Gurpreet Singh Sidhu is another director to pay the amount. The complainant has taken the plan from director Harvinder Pal Singh and not concerned with another Director. Due to above said act and conduct of the Opposite Party clearly shows that there is deficiency in service on their part. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed to pay an amount of Rs.1,01,364/- as per the plan and interest @ 9 % from the maturity date 19.10.2017 till the payment is made.

b)      To pay an amount of Rs.50,000/- on account of deficiency in service.

c)       To pay an amount of Rs.11,000/- as costs of litigation expenses.

d)      And any other relief which this Commission deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Upon service of notice, none has come present on behalf of the Opposite Parties, hence Opposite Parties were proceeded against exparte.

3.       In order to prove his case, the complainant tendered into evidence her affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C8.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that the agent of Opposite Party approached to complainant and on the allurement of the agent of the Opposite Party, the complainant agreed to purchase the plan of the Opposite Party. As per the plan that the deposited amount will be doubled in six years or complainant can be opted a piece of land as per his/her choice. The complainant took the plan namely Rich Link after paying Rs.50,000/- on 19.10.2011 and the maturity date was 19.10.2017 and amount due after the maturity will be Rs.1,01,364/-. After the maturity date complainant submitted the original copies of the plan for the payment. After repeated reminders no reply was received from Rich Infra Director. The complainant also served a legal notice upon the Opposite Party. But all in vain. To corroborate his aforesaid assertion, the complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C8. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to offer or defend the complaint.  

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the maturity amount to the complainant or refund the amount deposited by her. 

7.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant and Opposite Party is directed to make refund of Rs.50,000/- (Rupees Fifty Thousands only) to complainant alongwith interest @ 8% p.a. from 19.10.2011 to 19.10.2017. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.