Complainant Sandeep Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay Rs.1,07,000/- beside 7% special bonus on the scheme and Rs.50,000/- as damages and compensation on account of non performing of due services and Rs.10,000/- as legal charges from the opposite parties alongwith interest @ 18% p.a. from the date of maturity till payment, in the interest of justice.

2.        The case of the complainants in brief is that he hired the services of the opposite parties  and in this respect the opposite parties on 18.2.2011 issued a certificate declaring him as a unit holder of Kim Social Scheme with the remarks the date of completion as 18.2.2017. It was a condition of the scheme that whosoever makes the payment  of all installments he shall be paid an amount of Rs.1,07,000/- against deposit of Rs.72,000/- through equal installments of Rs.5700/- half yearly and special bonus of 7% shall also be payable to him and in lieu of the services hired by him from the opposite parties. He has paid all the installments on due date and after completion he deposited the entire documents with opposite party no.2 vide receipt no.14284 dated 9.3.2017 and it was promised that the entire payment will be made within 15 days. But  after submission of all the required documents by him with office of opposite party no.2 no heed has been given to do the needful rather the opposite party has miserably failed to provide due services and thus  there is deficiency in service on the part of the opposite parties. Hence this complaint. 

3.           Opposite parities did not opt to put in appearance despite service of notice as such it was ordered to be proceeded against ex-parte.

4.       In his bid to prove the case Smt.Rachandeep Kaur Advocate counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1/A, copies of receipt cum unit certificate Ex.C-1, copies of receipt of documents Ex.C2 and Ex.C3, Postal receipt and Legal Notice  Ex.C-4   and Ex.C-5  and closed the evidence on behalf of the complainant.  

5.       We have heard the ld.counsels for the complainant and have carefully gone through the record on the file.

6.       From the appraisal of the evidence on record, it stands fully proved on record that the opposite party allured the complainant to pay half yearly installments of Rs.5700/- and on its completion the complainant will be paid back minimum Rs.1,07,000/-  It was the case of the complainants that on the allurement of the opposite parties complainant making payment and made all the due payments to the opposite parties as per the schedule and nothing was left to be paid. In this regard opposite party issued receipt cum unit certificate Ex.C-1. The opposite party instead of making payment of Rs.1,07,000/-  to the complainant refused to entertain the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the Opposite Parties.

7.     The complainant in order to prove the entire version has relied upon their duly sworn affidavit Ex.C-1/A, copy of receipt cum unit certificate Ex.C-1,  which fully proves that the complainant entered into agreement dated 18.2.2011 bearing no.01032R0021124 vide which the complainant started paying half yearly installment  of Rs.5700/- from 18.2.2011 and its date of completion is  18.02.2017.  It was the case of the complainant that he made payment of all the due amounts and nothing was left to be paid to the opposite parties. On the other hand the evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the opposite parties to contest the case of the complainant nor any person from the opposite parties dared to file any affidavits to rebut the case of the complainant as such the opposite parties impliedly admitted the case of the complainant. The opposite parties were so negligent and acted so arbitrarily that instead of submitting any record or evidence oral or documentary, preferred to become exparte.

8.      From the entire above discussion, it stands fully proved on record that the opposite parties failed to make payment of Rs.1,07,000/- as deposited by the complainant in half yearly installments started from 18.02.2011 and ended on 18.2.2017. As such the complainants is entitled to the amount of Rs.1,07,000/- from the opposite parties.

9.       Resultantly, we allow the complaint exparte with costs and the opposite parties are directed to make the payment of Rs.1,07,000/- to the complainant. Compliance of the order be made within one month from the date of receipt of copy of this order, failing which the opposite parties shall be liable to pay the interest @6% per annum on the aforesaid amount of Rs.1,07,000/- from the date of passing of order till the payment is made to the complainant. The opposite parties are also directed to pay Rs.5,000/- as compensation while litigation expenses are assessed at Rs.3,000/- to the complainants.

10.        Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

 ANNOUNCED:                   (Rachna Arora)                   (Rajita Sareen)

 October 08, 2018.                    Member                         Presiding Member

 MK