Haryana

Karnal

CC/100/2017

Sanjeev Tor - Complainant(s)

Versus

Infocare Hotel & Resorts India Ltd - Opp.Party(s)

Dheeraj Sachdeva

13 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 100 of 2017

                                                         Date of instt. 17.3.2017

                                                         Date of decision:13.02.2018

 

Sanjeev Tor, age 30 years, resident of village Dadupur, P.O. Sirsi, Tehsil and District Karnal.                                                                                                                                                                                                                              …….Complainant.      

                                        Versus

 

1.INFOCARE HOTEL 7 RESORTS INDIA LTD. Corporate Office at Kamdhenu Building, 8^th floor, 75C, Park Street, Kolkata-700016 through its Director/Branch Manager.

2. Collective Growth Realty Pvt. Ltd. Branch office at XII-902, c/o Lovey-Dovey Kids care, Chaura Sarafa Bazar, Karnal through its Team Manager, Parveen Rana.

3. Collective Growth Realty Pvt. Ltd. Head office at A-110, Sector-4, Noida-(UP)-201301 through its Team Manager Pankaj Kumar Gupta.

 

                                                                …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jagmal Singh……President.

              Ms. Veena Rani…….Member

      Sh. Anil Sharma…….Member

             

 

 Present  Shri Dheeraj Sachdeva  Advocate for complainant.

               Opposite parties exparte.

                       

ORDER:                    

 

                         This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act on the averments that OP no.1 is a registered company vide Regd. No.U55101WB2012PLC172409 and company launched a scheme of investment and allured the innocent people to deposit money in installments through OPs no.2 and 3.  After the full assurance of the officials of the OPs and considering the terms and conditions, the complainant agreed to purchase policy no.IIL-2862187957 and the complainant paid all the installments to the OPs. During the period abovesaid policy the OPs again allured the complainant to purchase another policy and the complainant purchased another policy vide policy no.IIL2861693340 and deposited installments of Rs.500/- each from 14.5.2013 to 14.08.2015 (total Rs.13500/-) and the maturity amount of the abovesaid policy is Rs.51000/- at the completion of the policy vide dated 13.5.2018. OPs no.2 and 3 used to collect the monthly installments from the complainant and OPs assured the complainant that after completion of 24 months, a sum of Rs.14880/- would be given to the complainant for the first policy number IIL-2862187957. The complainant has deposited all the installments and the period of scheme has been completed on 23.8.2015 and after that the complainant was entitled to receive Rs.14,800/- from OPs. The complainant contacted the OPs and requested them to release the abovesaid amount of Rs.14,800/-. The complainant visited the office of the OPs and asked them to give the maturity amount as per the terms and conditions of the policy but the officials of the OPs postponed the mater on one pretext or the other and thereafter they flatly refused to give the amount. Due to this act and conduct of the OP, complainant does not want to continue the second policy no.IIL-2862187957. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, None has appeared on behalf of OPs no.1 and 3 and proceeded against exparte by the order of this Forum dated 27.4.2017.

3.             OP no.2 appeared but did not file any written statement despite availing several opportunity. On 10.10.2017 was the last opportunity for filing written statement by OP no.2 but none has appeared on behalf of OP no.2 hence OP no.2 proceeded against exparte, vide order dated 10.10.2017.

4.             We have heard the learned counsel for the complainant and have also gone through the record available on the file carefully.

5.             According to the complainant, the OP no.1 is registered company vide Regd. No.U55101WB2012PLC172409 and OP no.2 and 3 collects the money under the schemes launched by OP no.1. It is further alleged that after the assurance of officials of the OPs, the complainant firstly purchased a policy no. IIL-2862187957 and thereafter a second policy no. IIL2861693340 was also purchased. According to the second policy, the complainant has to deposit monthly installment of Rs.500/- and the policy was to be completed on 13.5.2018 and Rs.51,000/- is the maturity amount. It is further alleged that the complainant had deposited all the 24 installments of the previous policy which was for 24 months only and after its completion the complainant contacted the OPs for the release of the amount of first policy but the OPs have not paid the said amount.  It is further alleged that as the OPs have not paid the amount of previous policy, so the complainant has stopped the payment of remaining installments in the present policy and paid the installments from 14.5.2013 to 14.8.2015, total amounting to Rs.13,500/-. It is further alleged that the OPs have not paid the amount of previous policy so the complainant demanded the amount of Rs.13500/- deposited in the present policy no. IIL2861693340 with interest.

 6.            From the pleadings and evidence of the complainant, it is clear that complainant has purchased two policies from the OPs. First policy was matured on 23.8.2015 but the OPs did not paid the maturity amount so the complainant filed a separate complaint. As the OPs have not paid the maturity amount of first policy, the complainant has stopped the payment of remaining installments of the present policy i.e. policy no. IIL2861693340. The OPs did not appear in this case and proceeded against exparte. The complainant has supported his case from documents Ex.C1 to Ex.C16 i.e. installments deposit receipts. From these receipts, it is clear that the redemption value of the scheme after paying all the installments was Rs.51,000/- and the redemption date is 13.5.2018. The complainant has not placed any terms and condition of the policy on the file. So without the terms and conditions it cannot be said that whether the deposited amount is refundable before the date of maturity or not. From the pleadings and evidence of the complainant, it is clear that the scheme/policy in question is to be completed on 13.5.2018 but the complainant has filed the present complaint on 17.3.2017. Hence in our view the complaint of the complainant is premature.

7.             Thus, as a sequel to abovesaid discussions, the complaint of the complainant is dismissed being premature. However, the complainant is at liberty to file fresh complaint after the maturity date of the scheme/policy in question, if required, as per the terms and conditions of the policy. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 13.02.2018

                                                               

                                                                 President,

                                                        District Consumer Disputes

                                                        Redressal Forum, Karnal.

 

 

                        (Veena Rani)        (Anil Sharma)        

                          Member                  Member