Punjab

Sangrur

CC/310/2016

Mahinder Singh - Complainant(s)

Versus

Managing Director - Opp.Party(s)

Shri Vinay Jindal

05 Oct 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 310                                                                                        

                                                                    Instituted on:  01.03.2016

                                                                   Decided on:    05.10.2016

 

Mahinder Kaur  wife of  Sh. Gurcharan Singh, resident of House No.357, Part-2, Village Kular Khurd, Tehsil Sunam, District Sangrur.

                                                …. Complainant.      

                                         

Versus

1.       Legend Infratech India Pvt. Limited through its Managing Director Shri Vinod Kumar son of Shri Mohinder Singh resident of H.No.7351/1 Village Maniana Tehsil Samalakha, District Panipat( Haryana).

 

2.       Legend Infratech India Limited, through its Branch Manager/ Incharge, Near PNB Bank, Shere Punjab Market, Dirba Mandi, District Sangrur.

 

3.       Legend Infratech India  Limited, through its Branch Manager/ Incharge Nabha Gate, Opposite Oriental Insurance Company, Sangrur.   

 

      ….Opposite parties.

 

FOR THE COMPLAINANT:        Shri Vinay Jindal,  Advocate                          

 

FOR THE OPP. PARTIES  :         Exparte.                     

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Mahinder Kaur, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that as allured by the OP No.2, she  invested an amount of Rs.3,00,000/-  in cash down payment plan ( CDPP 21-720 ) for one year (one time)  with OP no.2  vide registration  number 27130  on  22.05.2014 which was to be matured on 22.05.2015. On maturity, the OPs had to repay an amount of Rs.3,37,500/- as maturity amount.  The complainant submitted all the relevant documents including original plan paper with the OP no.3 as per demand by OP No.3 and the complainant ticked the column of option to take  the maturity amount  of Rs.3,37,500/-  in place of plot and the OP No.3 received all the documents including original policy and other documents in advance from the date of  maturity from the complainant on 05.05.2015  and OP No.3 put his stamp on the photocopy of plan in lieu of  acknowledgment for receipt of documents. Thereafter the complainant requested the OPs so many times to release  the above said maturity amount but they have been putting the complainant on one pretext or the other .  The OPs did not release the maturity amount till today. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to make/ release the maturity amount of Rs.3,37,500/- along with interest @18% per annum from the date of maturity till its realization,

 

ii)     OPs be directed to pay to the complainant a sum of Rs.20000/- as compensation   on account of mental agony, harassment,

 

iii)     OPs be directed to pay Rs.10000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs did not appear and as such OPs were proceeded exparte.   

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-2 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.3,00,000/- with OP no.2 under  Cash Down Payment Plan (CDPP 21-720) for one year  and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.3,37,500/- which is evident from policy document Ex.C-2. The complainant has also produced on record copy of receipt of submission of all documents which was issued by the OPs on the policy document Ex.C-2. 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 it is well proved and genuine case of the complainant and 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.3,37,500/- 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

                October 5, 2016

 

 

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

 

 

BBS/-