BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.: 204 of 2016.
Date of Instt.: 04.08.2016.
Date of Decision: 15.06.2017.
Parabjot minor daughter of Bajan Lal through father and natural guardian Sh.Bhajan Lal son of Pala Ram r/o Hizrawan Kalan Tehsil & District Fatehabad.
…Complainant.
Versus
1.Ken Agriculture Developers India Limited Registered Office Near C/S 162-B Inside Delhi Gate, Firozpur City 152002 (Punjab) through Chairman Managing Director Sukhchain Singh Dilho son of Ajit Singh house No.125 village Yare Shah Wala Post Office Sherkhan Wala Tehsil & District Firozepur Pin No. 152002 (Punjab).
2.Ken Agriculture Developers India Limited Registered Office Near C/S 162-B Inside Delhi Gate, Firozpur City 152002 (Punjab) through wholetime Director Sukhwinder Singh son of Sh.Hardeep Singh VPO Mallan Wala Tehsil Zira District Firozepur (Punjab).
3.Ken Agriculture Developers India Limited Registered Office Near C/S 162-B Inside Delhi Gate Firozepur City 152002 (Punjab) through Additional Director Kuldeep Singh son of Sh.Jagtar Singh House No.20 VPO Bagge ke Pippal Padhri Tehsil & District Firozepur Pin No.152002.
4.Ken Agriculture Developers India Limited Registered Office near C/S 162-B inside Delhi Gate Firozepur City 152002 (Punjab) through Director Navinder Singh son of Sh.Gopal Singh House No.112 Village Yare Shah Wala Post Office Sherkhan Wala Tehsil & District Firozepur Punjab Pin Code NO.152005.
5.Ken Agriculture Developers India Limited Registered Office Near C/S 162-B Inside Delhi Gate Firozepur City 152002 (Punjab) through Additional Director Mahabir Singh son of Sawinder Singh V.P.O. Kamala Middda Post Office Rukne Wala Tehsil & District Firozepur.
6.Ken Agriculture Developers India Limited Registered Office Near C/S 162-B Inside Delhi Gate, Firozepur 152002 (Punjab) through Additional Director Kuldeep Singh son of Sh.Surjeet Singh No.18 V.P.O. Padhri Tehsil & District Firozepur (Punjab).
…Opposite Parties.
Complaint U/s 12 of the Consumer Protection Act, 1986.
Before: Sh. Ranbir Singh Panghal, Presiding Member. Smt.Ansuya Bishnoi, Member.
Present: Sh.S.C.Jyani, Advocate for the complainant. OPs exparte.
ORDER:
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averment that he had obtained a policy in the name of his daughter bearing account No.02400107169 dated 29.05.2014 from OPs by paying a sum of R.60,000/-. The policy in question was stated from 29.05.2014 having receipt No.10959 dated 29.05.2014. As per the terms and conditions of the policy, the OPs had to pay Rs.74,100/- on 29.05.2016 as the policy was issued for two years. It has been further averred that on maturity of the policy, the complainant visited the OPs many a times at their branch at Fatimabad/Sirsa but to no avail, therefore, he got served legal notice upon the OPs but all fell on deaf ears. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered his affidavit Ex.CW1/A and documents Annexure C1 to Annexure C14.
2. Notice was issued to the OPs through registered post but they did not appear before this Forum and were proceeded against exparte.
3. Learned counsel for the complainant has been heard at length and the case file has also been perused carefully.
4. The complainant in support of his claim has placed on file his duly sworn affidavit Ex.CW1/A wherein he has reiterated the contents mentioned in the complaint. Perusal of Annexure C1 reveals that the complainant had purchased FDR on 29.05.2014 for a period of two years and its date of maturity was 29.05.2016. This document also depicts that the estimated realizable amount at the end of the term was Rs.74,100/-.
5. Since the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance. Hence, the present complaint is allowed and the Ops are directed to pay a sum of Rs.74,100/- as mentioned in Annexure C1 (being maturity amount). We also direct the OPs to pay a sum of Rs.5,000/- in lump sum as compensation to the complainant for harassment, mental agony and litigation expenses etc. This order should be complied jointly and severally within a period of 30 days from the receipt of this order, failing which the above said amount of will carry interest @ 9% from the date of order till actual realization. Copy of this order be supplied to the parties free of cost. File be consigned after due compliance.
Announced in open Forum.
Dated:15.06.2017.
(R.S.Panghal)
Presiding Member
(Ansuya Bishnoi) Distt.Consumer Disputes
Member Redressal Forum, Fatehabad.