Complainants Sansar Singh and Ms.Darshan Kumari 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 matured amount of Rs.2,00,000/- against the plan to them, deposited against the plan alongwith interest @ 18% P.A. from the date of its maturity till its realization and opposite parties be further directed to pay Rs.10,000/- 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 complainants in brief is that opposite parties approached them with the plan to invest their money for purchase of plot. Accordingly the complainant no.1 got a plan from the opposite parties for himself and for his wife. The details of plans are mentioned in the complaint.  On 6.12.2016 i.e. the date of maturity of the plans they approached the opposite parties to make the payment as agreed by them in the terms of the policy but the opposite party 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 20.12.2016 they approached the  opposite party 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 no.0102f0001906 and 0102f0001907, discharge form, Identity proofs and bank accounts number of complainants and they gave a receipts of documents dated 20.12.2016 and assured that their claim amount will come within a week 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 to 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.           Opposite parities 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.Vikramjit Pandit Advocate counsel for the complainants tendered into evidence duly sworn affidavits of the complainants Ex.CW-1/A and of Ms.Darshan Kumari wife of Sansar Singh Ex.CW-2/A, copies of receipt cum unit certificates Ex.C1 and Ex.C2 alogwith receipt of documents Ex.C-3 to Ex.C-6 and 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 parties allured the complainants to pay Rs.1,00,000/- and on its completion the complainants will be paid back minimum Rs.2,00,000/-. 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-1 and Ex.C-2 but they did not pay the matured amount to the complainants. Ld.counsel 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 affidavits Ex.CW-1/A and Ex.CW-2/A, which fully proves that the complainants entered into agreement dated 6.9.2010 bearing no.0102f0001906 and dated 6.9.2010 No. 0102f0001907 which the complainants paid total amount of Rs.1,00,000/- and its date of completion is 06.12.2016 and the matured amount is to the tune of Rs.2,00,000/-. 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 Advocate Sh.Bhupinder Singh Dhakala appeared on behalf of opposite party no.1 and  Sh.Bikramjit Singh Simble Advocate appeared on behalf of opposite parties no.2 and 3 and filed the memo of appearance. Counsel for the opposite parties had already availed five opportunities and case called for several times but none has come present on behalf of opposite parties for filing of reply to the main complaint.  Lastly, on 10.1.2018 the opposite parties are ordered to be proceeded against exparte.The evidence produced on record by the complainants remained unrebutted and unchallenged. 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.2,00,000/- as deposited by the complainants. As such the complainants is entitled to the amount of Rs.2,00,000/- from the opposite parties.

9.       Resultantly, we allow the complaint exparte with costs and the opposite parties are directed to make payment of Rs.2,00,000/- to the complainants. 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 of Rs.2,00,000/- 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