DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                   Complaint no. 974                                                                                                 

                                                                    Instituted on:  02.09.2015

                                                                    Decided on:    01.06.2016

Karnail Singh aged 71 years son of Jangir Singh H.No.D/78 near Sangrur Public School, Patiala Dhuri Bye Pass, Sangrur.

                                                …. Complainant.      

                                         Versus

1.     Modern Vision Agro India Ltd. Head Office 9 KM Stone, Hansi Road, Prem Nagar Bhiwani-127021 Haryana through its M.D. / Chairman.

2.     Modern Vision Agro India Ltd., 2nd Floor, SCF No.15, Kaula Park, Near Hot Chop Hotel, Sangrur through its authorized signatory.

3.     Modern  Vision Agro India Limited, Branch Office, A.C. Market, Near  P.S.Moonak through its authorized signatory.

4.     Sukhjit Singh son of Amrik singh resident of Village Chhajla Tehsil Sunam, District Sangrur Advisor Code 2113. ( Agent of OPs No.1,2&3).  

      ….Opposite parties.

FOR THE COMPLAINANT:      Shri Jatinder Verma, Advocate                          

FOR OPP. PARTY No.4  :           Shri  J.S.Chhajla, Advocate                     

FOR OPP. PARTIES NO.1to3  :  Exparte                    

Quorum

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

ORDER:  

Sukhpal Singh Gill, President

1.             Karnail Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the assurance of OP No.4, he obtained bond number 000152 bearing sr. number MVA4284 in response to application cum agreement for cattle booking for Rs.5,00,000/- vide booking number MVA/H.O/4285 and  participation plan number and term LSP/E from the OPs no.1 to 3 through OP No.4 for a term of two years under One time installment .  The payment was made through cheque number 582076 dated 5.3.2013 from the account of the complainant maintained  with SBI Bank Branch, Sangrur in favour of Modern Vision Agro India Limited.  After maturity, the OPs had to repay an amount of Rs.6,50,000/- . The complainant had submitted the original bond with OP No.2 which had been received by one employee namely Devinder Kaur who gave note on the photocopy of the bond. the  complainant requested the OPs to release the maturity amount but till today he had not received the amount. 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.6,50,000/- alongwith all other benefits and interest  @18% per annum from the date of maturity till realization,   

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment and to pay Rs.20000/- as litigation expenses.

2.             Notices were sent to the OPs but despite service OPs No.1 to 3 did not appear to contest the case. As such, OPs No.1 to 3 were proceeded exparte.

3.             In reply filed by the OP no.4, it is admitted that OP No.4 is the agent of OPs No.1 to 3.  It has also been admitted by the OP no.4 that the complainant invested the amount with Ops no.1 to 3  and OPs No.1 to 3 are liable to pay the maturity amount to the complainant. Thus, there is no deficiency in service on the part of OP No.4.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-6 and closed evidence. On the other hand, OP no.4 has tendered an affidavit Ex.OP4-1 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that the complainant had obtained bond number 000152 bearing sr. number MVA4284 in response  to application cum agreement for cattle booking for Rs.5,00,000/- vide booking number MVA/H.O/4285 and  participation plan number and term LSP/E from the OPs no.1 to 3 through OP No.4 for a term of two years under One time installment which was to be matured on 05.03.2015 and the maturity value is Rs.6,50,000/- which is evident from copy of bond number 000152  Ex.C-2 whereon a note  was made  by one Davinder Kaur on 26.02.2015 regarding receipt of original bond.  The complainant has produced on record  copy of bank pass book showing that the payment was made through cheque number 582076 dated 5.3.2013 from the account of the complainant maintained  with SBI Bank Branch, Sangrur in favour of Modern Vision Agro India Limited. But, despite submission of original bond on the maturity date with OPs, they have failed to pay the maturity amount to him. The OPs no.1 to3 did not appear despite service to contest the case of the complainant rather they chosen to remain exparte.  We feel that the OPs cannot escape from their liability.

5.             So, in view of the above discussion, we find that the OPs are deficient in service for not paying the maturity amount to the complainant as per their agreement and as such we allow the complaint of the complainant and direct the OPs to make the payment of Rs.6,50,000/- to the complainant along with interest @9% per annum from the date of maturity till realization. We further order the OPs to pay to the complainant a sum of Rs.10000/- as compensation on account of mental pain and harassment.  We also order the Ops to pay to the complainant an amount of Rs.5000/- 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.

June 1, 2016.

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

Member                 Member                          President

BBS/-