Complainant Raj Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay the surrender value amount against the plan to him, deposited against the plan alongwith interest @ 12% P.A. from the date of its maturity till its realization and opposite parties be further directed to pay Rs.30,000/- as compensation on account of harassment and mental agony etc. alongwith Rs.15,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that opposite parties approached him with the plan to invest their money for purchase of plot. The opposite parties declared that if he will not be interested in purchasing plot then he can get the amount against the plot as mentioned in the policy. Accordingly, he got a plan from the opposite parties for himself. The details of plans are mentioned in the complaint. The abovesaid plan is still continue and pending and he does not want to proceed further with the abvoesaid plan and as such on 3.8.2017 he approached the opposite partyno.3 to surrender the policies of the abovesaid plan as he was in dire need of money but the opposite party no.3 had not accepted his genuine requests and linger on the matter on one pretext or the other. He numbers of times visited the office of opposite parties at Gurdaspur, but they did not bother about his genuine requests. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Upon notice, on 12.10.2017 Sh.B.S.Simble, Adv. has appeared on behalf of opposite party no.3 and Sh.B.S.Dhakala, has appeared on behalf of opposite party no.1 and 2. On 17.1.2018, case called several times but none had come present on behalf of opposite party no.1 and 3, therefore, they were proceeded against exparte. On 23.4.2018, the opposite party no.2 was given up by making statement of complainant.
4. Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1 and copy of receipt cum unit certificate Ex.C-2 and closed the evidence.
5. From the perusal of the file, we find that the complainant has simply tendered receipt cum unit certificate without attaching any terms and conditions of the plans or copy of agreement if any executed between the parties from where it can be gathered under what circumstances and under what terms and conditions the certificate of investment was issued the date of maturity of which is on 29.04.2020. In the absence of terms and conditions of the alleged offered plan on record, we are unable to decide this case on merit. We find further, that the present complainant here, has somehow, not produced cogently full ‘evidence’ sufficient to judiciously adjudicate the popped out dispute under the ‘summary procedure’ as statutorily prescribed under the applicable Act and as such the pre-existing anomalies may not be fairly wrinkled out. The non-mention of details of Investment Plan etc on the investment certificate along with some other queries need be further clarified through cross-examination/additional evidence etc. To sum it up, we are of the considered opinion that it shall not be judiciously fair to adjudicate the present complaint under the Act with the evidence as available on record and thus we are not inclined to divulge even a part of our findings lest it may not prejudice the legal rights of the participating litigants down the lane.
6. In the light of the all above, we dispose of the present complaint by directing the complainant to approach the civil court of competent jurisdiction to avail of the prayed relief if he so desires or so advised. Disposed off accordingly.
7. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
July 16,2018. Member
*MK*
