BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.: 203 of 2016.
Date of Instt.:04.08.2016.
Date of Decision: 15.06.2017.
Jassa Ram son of Pala Ram resident of Hizrawan Kalan Tehsil & District Fatehabad.
…Complainant.
Versus
1.MGK Agriculture Developers India Limited Registered Office Akalsar Chowk Dosanjh Road Moga-1420001 Punjab through Additional Director Mohinder Singh son of Sh.Bohar Singh House No.79 VPO Rukanshah Tehsil & District Firozpur Pin No.152002 (Punjab).
2.MGK Agriculture Developers India Limited Registered Office Akalsar Chowk Dosanjh Road Moga-1420001 Punjab through Additional Director Gurbhej Singh son of Mohinder Singh VPO Aidalpur Bahamania Tehsil & District Jalandhar Pin No.144702 (Punjab)
3.MGK Agriculture Developers India Limited Registered Office Akalsar Chowk Dosanjh Road Moga-142001 Punjab Through Additional Director Gurmej Singh son of Banta Singh V.P.O. Sandhanwala Post Office Goewala Tehsil & District Faridkot Pin No.151203 (Punjab).
…Opposite Parties.
Complaint U/s 12 of the Consumer Protection Act, 1986.
Before: Sh. Ranbir Singh Panghal, Presiding Member. Smt.Ansuya Bishnoi, Member.
Present: Sh.S.C.Jyani, Advocate for the complainant. OPs exparte.
ORDER:
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averment that he had obtained a policy bearing account No.5700056661 dated 29.12.2014 from OPs by paying a sum of R.1,00,000/-. The policy in question was stated from 29.12.2014 having receipt No.10687 dated 29.12.2014. As per the terms and conditions of the policy, the OPs had to pay Rs.1,11,500/- on 29.12.2015 as the policy was issued for one year. It has been further averred that on maturity of the policy, the complainant visited the OPs many a times at their branch at Fatimabad/Sirsa but to no avail, therefore, he got served legal notice upon the OPs but all fell on deaf ears. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered his affidavit Ex.CW1/A and documents Annexure C1 to Annexure C9.
2. Notice was issued to the OPs through registered post but they did not appear before this Forum and were proceeded against exparte.
3. Learned counsel for the complainant has been heard at length and the case file has also been perused carefully.
4. The complainant in support of his claim has placed on file his duly sworn affidavit Ex.CW1/A wherein he has reiterated the contents mentioned in the complaint. Perusal of Annexure C1 reveals that the complainant had purchased FDR on 29.12.2014 for a period of one year and its date of maturity was 29.12.2015. This document also depicts that the estimated realizable amount at the end of the term was Rs.1,11,500/-.
5. Since the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance. Hence, the present complaint is allowed and the Ops are directed to pay a sum of Rs.1,11,500/- as mentioned in Annexure C1 (being maturity amount). We also direct the OPs to pay a sum of Rs.5,000/- in lump sum as compensation to the complainant for harassment, mental agony and litigation expenses etc. This order should be complied jointly and severally within a period of 30 days from the receipt of this order, failing which the above said amount of will carry interest @ 9% from the date of order till actual realization. Copy of this order be supplied to the parties free of cost. File be consigned after due compliance.
Announced in open Forum.
Dated:15.06.2017.
(R.S.Panghal)
Presiding Member
(Ansuya Bishnoi) Distt.Consumer Disputes
Member Redressal Forum, Fatehabad.
