Punjab

Sangrur

CC/997/2015

Narinder Pal Singh - Complainant(s)

Versus

Legend Infratech India Ltd. - Opp.Party(s)

Shri V.K.Singla

05 Apr 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 997                                                                                        

                                                                   Instituted on:  04.09.2015

                                                                   Decided on:    05.04.2016

 

Narinder Pal Singh son of Sh. Sukhdev Singh resident of Master Colony, P.O. Sunam, Tehsil Sunam, District Sangrur ( Punjab)-148028.  

                                                …. Complainant.      

                                         

Versus

  1.     Legend Infratech India Limited, Nabha Gate, Near  Aggarwal Book Depot, Sangrur through its Branch      Manager (Office Contact No.01672-500313, Mobile   No.94645-11096).

2.       Legend Infratech Producer Company Limited, Plot No.207, Part-II, Sector-25, Panipat through its Chairman, Panipat-132103 ( Haryana).

3.       Legend Infratech India Limited, Corporate Office Plot No.149, Malik Complex Sukhdev Nagar, Panipat -132103 ( Haryana ) through its M.D.

  

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:    Shri V.K.Singla, Advocate                          

 

FOR THE OPP. PARTIES  :     Exparte.                     

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Narinder Pal Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of the OPs, he deposited Rs.2,50,000/- for 18 months with OPs against bond Sr. No.04682 dated 10.05.2013 and OPs issued policy/ bond bearing registration number 8966 dated 10.05.2013 along with post dated cheque number 583228 dated 10.11.2014 for Rs.3,10,000/- of ICICI bank Branch Panipat. On maturity the complainant presented the said cheque in his account for encashment which was dishonored  due to " insufficient funds" . Then the complainant filed complaint U/s 138  Negotiable Instrument Act which was pending at Panipat Court and now the same has been transferred to Court of C.J.M. Sangrur for 20.11.2015. The complainant requested the OPs to get the original policy/bond and receipt deposited and refund  the above said maturity amount in cash or draft but they have been putting the complainant on one pretext or the other and then refused to make the payment of maturity amount. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make the maturity amount of Rs.3,10,000/- along with interest @12.5% per annum from the date of maturity i.e. 10.11.2014 to till actual payment ,  

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.11000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs did not appear and as such OPs No.1&3 were proceeded exparte on 06.11.2015 and OP No.2 was proceeded exparte on 18.01.2016.  

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had deposited Rs.2,50,000/- with OPs under CDPP ( Cash Down Payment Plan) for 18 months and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.3,10,000/- which is evident from policy document Ex.C-2. The complainant has also produced on record copy of cheque dated 10.11.2014 which was issued by the OPs for Rs.3,10,000/- along with  ICICI Bank memo dated 15.11.2014 which are Ex.C-3 and Ex.C-4 on record which show that the said cheque was dishonored due to insufficient funds. The Ops have not come forward to contest the case of the complainant rather they chosen to remain exparte. As such the evidence produced by the complainant has gone unrebutted.  

5.             For the reasons recorded above, we  feel that the OPs have miserably failed to repay the maturity amount to the complainant  and as such we allow the complaint of the complainant and direct the OPs to make the payment of Rs.3,10,000/-to the complainant along with interest @9% per annum from the date of maturity of the policy till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1100/- as litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                  

                Announced

                April 5, 2016

 

 

( Sarita Garg)           ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                                      

Member                 Member                          President

 

 

BBS/-