Punjab

Rupnagar

CC/18/88

Smt. Baljit kaur - Complainant(s)

Versus

Nature Heights Infra Ltd - Opp.Party(s)

Ms. Sofia Paul

24 Jan 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. : 88 of 08.10.2018

                                  Date of decision           :    24.01.2019

 

Baljit Kaur wife of Ajit Singh, resident of House No.407, Dashmesh Nagar, Tehsil  & District Ropar (Punjab) 

                                                                    ......Complainant

                                             Versus

1. M/s Nature Heights Infra Limited, through Sh. Neeraj Thatai @ Neeraj Arora, (Managing Director) 9, Sunder Nagri, Near Children Park, Hanumangarh Road, Abohar (Punjab). 
2. Nature Heights Infra Limited, through Sh. Amit Kukar (Director) 9, Sunder Nagri, Near Children Park, Hanumangarh Road, Abohar (Punjab)
3. Nature Heights Infra Limited, through Sh. Jasvir Singh Branch Manager, Opposite Sabji Mandi, Nuhon Colony, Tehsil & District Ropar (Punjab) 
4. Sh. Jasvir Singh, son of Roop Lal, Village New Malikpur, PO Malikpur, Tehsil & District Ropar.

                                                                             ...Opposite Parties

 

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         CAPT. YUVINDER SINGH MATTA, MEMBER

ARGUED BY

 

Ms. Sofia Paul, Adv. counsel for complainant  

O.Ps. exparte 

 

                                             ORDER

               SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.          Complainant has filed the present complaint seeking directions to the opposite parties to refund the amount of Rs.1,00,000/- along with interest @ 18% per annum from the date of investment till date; to pay Rs.2,00,000/- as compensation on account of harassment, mental agony and unfair trade practice; to pay Rs.40,000/- as litigation charges: to pay Rs.10,000/- to complainant on account of Misc. expenses; any other relief which this Hon’ble Forum may deem fit and proper in favour of the complainant and against the O.Ps.  

2.     Brief facts made out from the complaint are that the O.Ps. company had planned fixed deposit scheme at Abohar, which was selling plots of different sizes of various prices. On 03.01.2015, the O.ps. company convinced the complainant to invest in the Natureway Cooperative Thrift and Credit Society Limited, Abohar and complainant invested Rs.1 Lac. After depositing the full and final payment, the O.Ps. did not give the possession of the plot. Hence, this complaint.  

   3.    On being put to the notice, none appeared on behalf of O.Ps., accordingly, they were proceeded against ex-parte vide order dated 23.01.2019.

4.     On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C4 and closed the evidence.

5.     We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.      The complainant approached to this forum on the basis of the receipt Ex.C1, dated 03.1.2015, vide which Baljit Kaur, complainant deposited Rs.1,00,000/- with O.Ps. Relying upon the receipt issued by the O.Ps and as per the pleading, it is a consumer dispute and complaint is maintainable.

7.     Coming to the real controversy, whether the complainant has been able to prove deficiency in service on the part of O.Ps. or not. In support of the claim, Baljit Kaur (Complainant) tendered her sworn affidavit Ex.CW1/A by simply stating that she is well conversant with the facts and circumstances, beyond this nothing is mentioned. Beside this she relied upon the legal notice Ex.C3 dated 1.6.2018 issued to the O.Ps. through her counsel, vide which she requested for payment of Rs.1,00,000/-. This forum has gone through the documentary evidence as well as pleadings.

8.     In the complaint, deposit is mentioned to be dated 3.1.2015 and cause of action alleged to be accrued on 1.6.2018 relied upon Ex.C3 and Ex.C4. Ex.C1 is the receipt which speaks the deposit date 3.1.2015 of Rs.1,00,000/-, its maturity date mentioned 2.1.2021 i.e. of 72 months. Rate of interest mentioned 0% and maturity value only mentioned is Rs.1,00,000/- on the FD certificate. Ex.C2 is receipt qua deposit Rs.1,00,000/- and the receipt speaks Rs.1,00,000/- received on 3.1.2015 from Baljit Kaur (complainant) by the O.Ps. Beside this there is no other document on the file to prove either the complainant was entitled to get back Rs.1,00,000/- before the stipulated date 2.1.2021. Even complainant has not placed on file any agreement qua refund of the said amount.

9.     After appreciating the documentary evidence and by giving thoughtful consideration of the arguments, the forum has come to the conclusion that the complainant had deposited Rs.1,00,000/- dated 3.1.2015 with the undertaking that she will get Rs.1,00,000/- on maturity date 2.1.2021. In this way, it is held that complainant deposited the said amount but she remains unsuccessful in proving deficiency on the part of O.Ps. because due date is 2.1.2021.

10.   In the light of discussion made above, the complaint stand disposed of with the observation that she had rightly deposited Rs.1,00,000/- and is entitled to get back on maturity date. However, the parties are left to bear their own cost.  

11.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

 

            ANNOUNCED                                   (KARNAIL SINGH AHHI)

            Dated.24.01.2019                              PRESIDENT
 

 

 

 

                                        (CAPT. YUVINDER SINGH MATTA)

                                                            MEMBER