DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Complaint No. CC/15/173 of 18.8.2015

                                      Decided on: 10.3.2016        

Saneh Lata aged 52 years wife of Sh.Prem Chand r/o House No.123, Ward No.18, Mohalla Ganj Shahidan Wala Tehsil Sunam District Sangrur.

                                                                   …………...Complainant

                                      Versus

1. JMH INFRATECH INDIA LTD., Head Office Dugri Road, Ludhiana-141002, Punjab.
2. JMH INFRATECH INDIA LTD.,Registered Office SCO No.135, Chhoti Baradari, Patiala, through its Directors.
3. Jujhar Singh son of Jaspal Singh M.D. JMH INFRATECH INDIA LTD., r/o Centuary Enclave Backside Military Area, Nabha, District Patiala.
4. Mandeep Sharma s/o Harbans Lal, Director, JMH INFRATECH INDIA LTD., R/o Mirza Patti Village Namol, Tehsil Sunam District Sangrur.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh. A.P.S.Rajput, President

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

Present:

For the complainant:     Sh.Dhiraj Puri, Advocate

For Op No.1:                  Ex-parte. 

                                         ORDER

NEELAM GUPTA, MEMBER

1. The complainant was approached by the representative of the Op, who projected the complainant about the scheme for investment of amount in plots. The said representative showed “CDPP”(Cash Down Payment Plan) according to the plot size and handed over ‘CDPP’ plan to the complainant and also told the complainant to visit its office at Patiala. The complainant visited the office of Op no.2 at Patiala and invested a sum of Rs.40,000/- by way of booking a plot vide serial No.007168 with registration No.JMH9004561 dated 21.5.2013, for a plot size measuring 400 sq. feet. The expiry date of the agreement was 21.5.2015. The complainant handed over the amount of Rs.40,000/- and the representative told the complainant that the letter of registration will reach the complainant within a few days. It is averred that on receiving the registered letter, the complainant was surprised to see that the Ops have shown their head office at Dugri Road, Ludhiana. The complainant immediately called upon the representative and asked him about the address. The representative assured that the Ops were having two offices and the complainant should not worry and also assured the complainant that on the expiry of 24 months, the estimated realizable value of Rs.51,200/- shall be paid to the complainant.
2. It is further averred that on the expiry of the tenure of the agreement i.e. 21.5.2015, the complainant approached Op no.2 to get back the amount but Op no.2 flatly refused to entertain the genuine request of the complainant, which amounted to deficiency in service as well as unfair trade practice on the part of the Op due to which the complainant  underwent a lot of harassment and suffered mental agony. Ultimately , the complainant approached this Forum under Section 12 of the Consumer Protection Act,1986(for short the Act).
3. Notice sent against Op no.1 was received back as un served and again it was sent to Op no.1 by way of publication but none appeared on behalf of Op no.1 and as such Op no.1 was proceeded against exparte while the complaint against Op no.2 was ultimately withdrawn as per the statement of counsel for the complainant that the office of Op no.2  no longer existed at Patiala
4. In support of his complaint, the complainant tendered in evidence his sworn affidavit Ex.CA alongwith the documents Exs.C1 and C2 and here counsel closed the evidence.
5. The complainant failed to file the written arguments. We have heard the learned counsel for the complainant and gone through the evidence on record.
6. In the present case the complainant invested a sum of Rs.40,000/- by way of booking a plot measuring 400 sq.ft on payment of a single installment vide Sr.No.JMH-9004561 on 21.5.2013, copy of which is attached as Ex.C1. As mentioned on Ex.C1, that is the registration letter, on the expiry of the tenure i.e. 21.5.2015, Op was bound to pay an amount of Rs.51,200/- to the complainant. On the expiry of the tenure, the complainant approached Op no.2 but Op no.2 refused to pay the maturity amount. It is shown on Ex.C1 and on the reverse of which the terms and conditions have been mentioned that the same was issued by Op no.1 at Patiala and on maturity, the Op was obliged to pay a sum of Rs.51,200/- . The agreement matured on 21.5.2015. Op no.2 on being approached by the complainant refused to pay the maturity amount which amounted to deficiency of service on the part of Op no.2. The failure on the part of Op no.2 to contest the claim of the complainant also shows indifferent attitude of Op no.2 to redress the grievance of the complainant.
7. In view of the facts and circumstances of the case, we accept the complaint with a direction to Op no.2 to pay the maturity amount of Rs.51,200/-  with interest @8% per annum from 21.5.2015 i.e. the maturity date of the agreement till payment. Op is further directed to pay a sum of Rs.10,000/- as compensation for the harassment undergone by the complainant and also to pay a sum of Rs.5000/- as cost of litigation. Order be complied by Op no.2 within a period of 45 days of the receipt of the certified copy of this order.

Pronounced

Dated:10.3.2016

               Sonia Bansal           Neelam Gupta                        A.P.S.Rajput

        Member                Member                                  President