Complainant Mrs.Davinder Kaur has filed the present complaint U/S 12 of the Consumer Protection Act (for short, C.P.Act.) has prayed for the necessary directions to the opposite parties to pay her the matured amount against the plan i.e. Rs.56,300/-, deposited against the policy alongwith interest from the date of its maturity till realization. Opposite parties be further directed to pay her Rs.15,000/- as compensation on account of harassment and mental agony alongwith Rs.5,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that she invested money in ‘P5A(1) year Plan’ of the opposite party on 31.8.2013 under the registration no.PLCO35050 having customer ID 3702 and paid the single installment in lump-sum by cash to the opposite party amounting to Rs.50,000/-. The said plan has been matured on 31.08.2014. The matured value has been assessed Rs.56,300/-. She requested the opposite parties for the maturity amount but of no avail. Hence this complaint.
3. Notice of the complaint was issued to opposite parties but they did not appear in the Forum inspite of the service. Therefore, they were proceeded against ex-parte vide order dated 23.12.2014.
4. In exparte evidence, complainant has tendered her own affidavit Ex.C1 and copy of receipt dated 31.8.2013 Ex.C2 and closed the evidence.
5. We have heard the learned counsel for the complainant and have gone through the material on record carefully.
6. The complainant has pleaded in her complaint that she paid the single installment in lump-sum by cash to the opposite party amounting to Rs.50,000/-. The said plan has been matured on 31.08.2014. The matured value has been assessed Rs.56,300/-, but the opposite party did not pay the same to the complainant. The complainant has placed on file photostat copy of the receipt dated 31.8.2013 vide which she has paid a sum of Rs.50,000/- to the opposite party, which proves beyond doubt that the complainant had deposited the abovesaid amount to the opposite party. Her pleading has been supported with her affidavit placed on file as Ex.C1. The opposite parties have failed to appear in the Forum and file any reply and rebut the allegations leveled in the complaint and thus, have impliedly admitted the claim of the complainant. Accordingly, the present complaint is hereby partly allowed and the opposite parties are directed to pay the maturity amount of Rs.56,300/- besides to pay to the complainant a sum of Rs.3000/- as consolidated compensation including litigation expenses within a period of 30 days from the receipt of copy of order, failing which opposite party shall pay 9% interest on the maturity value from the date of order till it is actually realized/paid. Compliance of the order be made within 30 days of the receipt of the copy of the order.
7. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (G.B.S.Bhullar) (Jagdeep Kaur)
January,27 2015 Member Member
*MK*