Punjab

Sangrur

CC/699/2016

Indu Bala - Complainant(s)

Versus

Nature Heights Infra Ltd. - Opp.Party(s)

Shri Vinay Jindal

06 Jun 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 699                                                                                               

                                                                    Instituted on:  15.12.2016

                                                                   Decided on:    06.06.2017

 

Indu Bala wife of Subhash Kumar, resident of H.No.45, Ward No.13, now Ward No.19, Dhuri District Sangrur.

                                                …. Complainant.      

                                         

Versus

 

1.       Nature Heights Infra Limited, through its Manager, near Satta Wala Pul and Deepak Studio, Dhuri-148024, District Sangrur.  

 

2.       Nature Heights Infra Limited through its Manager, 1st Floor of Allahabad Bank, Near Mandanjeet Kothi, Bus Stand Road, Sangrur.

 

3.       Nature Heights Infra Limited through its Managing Director, 9 Sundar Nagri, Near Children Park, Hanumangarh Road, Abohar-152116. 

                                                 

                                                  ....Opposite parties.

 

FOR THE COMPLAINANT:        Shri Vinay Kumar JindalAdvocate                          

 

FOR THE OPP. PARTIES  :                Exparte         

 

 

 

 

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

     

           

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Indu Bala  complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that as allured by the OPs, she invested an amount of Rs.1,75,000/- in the plan/policy of the OPs and deposited four installments of Rs.43750/- annually from the year 2012 to 2015. An agreement dated 18.06.2012 was also executed between the complainant and OPs  but OPs failed to make out good and marketable title of plot. The complainant asked the OPs to make the payment of Rs.1,75,000/- alongwith 13% per annum compounded  growth to the sum of Rs.1,75,000/- within three months. The complainant number of times approached the OPs and requested to release maturity amount to the complainant but OPs are delaying the matter from one pretext to another. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make payment of    Rs.175000/-  along with interest @13% per annum compounded growth from the date of deposit till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment and Rs.10,000/- on account of unfair trade practice and deficiency in service,

iii)  OPs be directed to pay Rs.5000/- as litigation expenses.

2.             Despite service, OPs did not appear  and as such they are proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-8 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 invested an amount of Rs.1,75,000/- in the plan/policy of the OPs and deposited four installments of Rs.43750/- annually from the year 2012 to 2015 which is evident from the receipts of payment Ex.C-2 to Ex.C-5. An agreement dated 11.05.2912 was also executed between the complainant and OPs which is Ex.C-6 on record.  After maturity, the complainant asked the OP to make the payment of Rs.1,75,000/- alongwith 13% per annum compounded  growth to the sum of Rs.1,75,000/- within three months but the OPs failed to do so. The complainant has also produced on record  copy legal notice and postal receipt which are Ex.C-7 and Ex.C-8 on record which also proves the case of the complainant. The OPs have not come forward to contest the case of the complainant rather they chosen to remain exparte.  As such evidence produced by the complainant has gone unrebutted on record.

5.             For the reasons recorded above, we allow the complaint and direct  the OPs to make payment of Rs.175000/- to the complainant along with 13% per annum compounded growth from the date of deposit till realization. We further order the OPs to pay to the complainant a sum of Rs.3500/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1500/- as litigation expenses.

6.             This order of ours shall be complied with  within 60 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 6, 2017

 

 

 

( Vinod Kumar Gulati )  ( Sarita Garg)       (Sukhpal Singh Gill)                                                                                            

Member                    Member                            President

 

 

BBS/-