Complainants Harkirat Kaur (minor) and Sh.Arwinder Singh 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 remaining matured amount of Rs.1,65,400/- with 7% bonus against agreement No.0102R0018461 and matured amount Rs.1,24,500/- against agreement no.010R0024389 alongwith interest @ 18% PA from the date of its maturity till its realization. Opposite parties be further directed to pay Rs.20,000/- as compensation on account of harassment and mental agony etc. alongwith Rs.25,000/- as litigation expenses,  in the interest of justice.

2.        The case of the complainants in brief is that opposite parties approached them with the plan to invest their money for purchase of plot/Recurring deposit. Accordingly the complainant no.2 got plans on the name of her daughter and on his name from the opposite parties. The details of plans are mentioned in the complaint.  On the date of maturity of the plans complainant no.2 approached the opposite parties to make the payment as agreed by them in the terms of the policy but the opposite parties did not make the payment. They had invested the amount with the opposite parties, thus they are consumers of the opposite parties. They have next pleaded that on 03.07.2017 and 17.07.2017 complainant no.2 again approached the opposite parties to make the payment at their registered office Gurdaspur with the all required documents demanded by them for payment of the said plans i.e. original certificates of agreements,  discharge form, Identity proofs and bank accounts number of complainants and they gave a receipts of documents dated 03.07.2017 and 17.03.2017 and assured that their claim amount will be come within a week. On 11.08.2017 company has made some of the payment i.e. Rs.70,000/- from the total realizable amount Rs.2,35,400/- in agreement no.0102R0018461 to complainant and assured that the  remaining amount will be paid within week with 7% bonus on payable amount as per the policy. But the opposite parties lingering on the matter on one pretext or the other and are not making the payment of the amount of the plans. They visited numbers of times  at the office of opposite parties at Gurdaspur, but they did not bother about their genuine requests. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint. 

3.           Opposite parties did not opt to put in appearance despite service of notice as such it was ordered to be proceeded against ex-parte.

4.       In his bid to prove the case Sh.Vishesh Kumar  Advocate counsel for the complainants tendered into evidence duly sworn affidavit of the complainant Arwinder Singh Ex.CW-1, copies of receipts of documents Ex.C-1 and Ex.C-2, copies of receipt cum unit certificates Ex.C3 and Ex.C4 alogwith copies of Form Serial No.50952 Ex.C-5 and Adhaaar Card Ex.C6 closed the evidence on behalf of the complainants.  

5.       We have heard the ld.counsels for the complainants and have carefully gone through the record on the file.

6.       From the appraisal of the evidence on record, it stands fully proved on record that the opposite party allured the complainants to pay Rs.1,58,400/- and on its completion the complainants will be paid back minimum Rs.2,35,400/- and Rs.90,000/- and on its completion the complainants will be paid back Rs.1,24,500/-. It was the case of the complainants that on the allurement of the opposite parties complainants making payment and made all the due payments to the opposite parties as per the schedule and nothing was left to be paid. In this regard opposite party issued receipt cum unit certificate Ex.C-3 and Ex.C-4 but they did not pay the matured amount to the complainants. Ld.counsels for the complainants submitted that all this amounts to deficiency of service on the part of the Opposite Parties.

7.     The complainant in order to prove the entire version has relied upon their duly sworn affidavit Ex.CW-1, which fully proves that the complainants entered into agreement dated 10.3.2011 bearing no.0102R0018461 and dated 23.6.2012 No. 0102R00024389 which the complainants paid total amount of Rs.2,48,400/- and its date of completion is 09.03.2017 and 22.6.2017  and the matured amount is to the tune of Rs.3,59,900/-.  It was the case of the complainants that he made payment of all the due amounts and nothing was left to be paid to the opposite parties. On the other hand the evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the opposite parties to contest the case of the complainants nor any person from the opposite parties dared to file any affidavits to rebut the case of the complainants as such the opposite parties impliedly admitted the case of the complainants. The opposite parties were so negligent and acted so arbitrarily that instead of submitting any record or evidence oral or documentary, preferred to become exparte.

8.      From the entire above discussion, it stands fully proved on record that the opposite parties failed to make payment of Rs.2,48,400/- as deposited by the complainants.  The opposite parties had paid Rs.70,000/- to the complainant and assured that the remaining amount will be paid within week with 7% bonus. As such the complainants is entitled to the remaining amount as per the terms and conditions of the concerned plans from the opposite parties.

9.       Resultantly, we allow the complaint exparte with costs and the opposite parties are directed to make the remaining payment as per the terms and conditions of the concerned plans from the opposite parties.  Compliance of the order be made within one month from the date of receipt of copy of this order, failing which the opposite parties shall be liable to pay the interest @6% per annum on the aforesaid amount from the date of passing of order till the payment is made to the complainant. The opposite parties are also directed to pay Rs.5,000/- as compensation while litigation expenses are assessed at Rs.3,000/- to the complainants. 10.      Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

 ANNOUNCED:                   (Rachna Arora)                   (Rajita Sareen)

 October 08, 2018.                    Member                         Presiding Member

 MK