Punjab

Sangrur

CC/275/2016

Gita Rani - Complainant(s)

Versus

M.D. Bupinder Singh - Opp.Party(s)

Shri Inderjeet Singh Ausht

20 Sep 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 275                                                                                        Instituted on:  05.02.2016

                                                                   Decided on:    20.09.2016

 

Gita Rani @ Geeti wife of Pardeep Kumar daughter of Darshan Kumar son of Kour Sain Legal heir/ nominee of deceased Kalawanti wife of Darshan Kumar son of Kour Sain resident of Street No.4, Sector-A, Ram Nagar Sunam, Tehsil Sunam, District Sangrur now residing at Bhadaur, District Barnala.

                                                …. Complainant.      

                                         

Versus

1.     Sealand Infratech India Limited, SCO No.97, Chhoti Barandari, First Floor, Patiala through its M.D. Bhupinder Singh son of Joginder Singh H.No.56, Village Koal, Tehsil Nabha, District Patiala (Pb.)

2.       Ashok Kumar Bansal authorized agent of O.P. No.1 ( Husband of Renu Bansal) resident of Street No.2, Sector-B, Ram Nagar, Sunam, Tehsil Sunam, District Sangrur.

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:        Shri Inderjit Ausht, Advocate                          

 

FOR THE OPP. PARTIES  :        Exparte.                     

                    

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member       

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Gita Rani @ Geeti, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that her mother namely  Kalwanti deposited an amount of Rs.33000/- with OP No.1 through OP No.2 who is an agent of the OP No.1 for one year @12% per annum  and the amount was returnable on 31.07.2015. The complainant was the nominee of the said policy. The mother of the complainant died on 13.05.2015.  Thereafter on 3.7.2015, father of the complainant  requested the Branch Manager Pawan Kumar of OPs to make the payment of Rs.37290/- who told to submit some documents i.e. affidavit duly attested, original policy and death certificate of policy holder which were handed over to the OP no.2 who  further handed over the same to OP no.1 and Mr. Pawan Kumar Manager issued a receipt regarding receipt of the same. Thereafter the father of the complainant made a number of requests to the OPs to make the payment but all in vain.  A written request/ application was also sent to the OP no.1 on 26.09.2015 but no payment was made. 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.37290/- along with interest @12% per annum from 1.8.2015 till final payment,  

ii)     OPs be directed to pay to the complainant a sum of Rs.5500/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.3500/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs did not appear and as such OPs No.1&2 were proceeded exparte .  

3.             In her exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-8 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.33000/- with OP no.1 through OP No.2 for one year @ 12% per annum on 31.07.2014 which was returnable on 31.07.2015 and   the OPs had to repay the amount to the complainant after maturity period to the tune of Rs.37290/- which is evident from policy document Ex.C-1. The complainant has also produced on record copy of death certificate of Kalawanti Ex.C-2 and application/ request sent to the OPs Ex.C-4 and postal receipt Ex.C-4. The complainant further produced on record receipt dated 31.07.2015 issued by OPs regarding deposit of documents Ex.C-5.  All this shows that the complainant has already deposited all the documents with the OPs for release of the maturity amount but despite repeated requests the OPs did not make the payment which shows deficiency in service on the part of the OPs. 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 who are jointly and severally liable to make the payment of Rs.37290/-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

                September 20, 2016

 

 

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

 

 

BBS/-