Complainant Mohan Lal 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 the surrender value amount against the abovesaid to him, deposited against the plan alongwith interest @ 12% per annum from the date of its commencement. Opposite parties be further directed to pay Rs.30,000/- as compensation on account of harassment and mental agony etc. alongwith Rs.15,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainants in brief is that the opposite party no.1 is a Real Estate Company having its registered office at H.No.72, First Floor, Chaudhary Building, Rani Talab Road, Digiana, Jammu. The opposite party no.3 is a Branch office of the opposite party no.1 and the opposite party no.3 is looking after the affairs of the company and the opposite party n.1 taking the money from the public by way of investment in their various plans in real estate, being run by the opposite parties. Opposite parties approached him with the plan to invest their money for purchase of plot and declared that if the complainant shall not be interested in purchasing plot then he can get the amount against the plot as mentioned in the policy. Accordingly he got the two plans from the opposite parties for themselves. The details of plans are given in the complaint.  He has further pleaded that the plan is still continuing and pending and he does not want to proceed further with the plan and as such on 3.8.2017 he approached the opposite party no.3 to surrender the policy as he was in dire need of money but the opposite party no.3 had not accepted his genuine request and linger on the matter on one pretext or the other. Thereafter till today the opposite parties are lingering on the matter on one pretext or the other. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint. 

3.          Opposite parties did not opt to put in appearance despite service of notice as such it was ordered to be proceeded against ex-parte vide order dated 17.1.2018.

4.      Complainant tendered into evidence his own affidavit Ex.CW-1  alongwith  other documents Ex.C-1 to Ex.C3 and closed the evidence.  

5.       We have gone through the file minutely and after perusing the record, it is proved by Ex.C-1, which is receipt given by opposite parties that complainant entered into an agreement with opposite parties on 6.8.2014 by paying Ist installment of Rs.3,000/-, on 6.8.2014 by cash and the plan was to continue till 5.8.2020. Ex.C-2 which is a detail of installments issued by opposite parties itself clearly proves that complainant had been paying the installments regularly.  In Ex.C-3 which again is a document issued by opposite parties it is clearly mentioned that expected value of the plot in question is Rs.3,21,000/- and opposite parties will arrange the buyers in case of need. All these documents prove the case of complainant clearly. And as opposite parties have not contested the complaint and have not bothered to present their side. All the allegations of complainant have gone un-rebutted and we have no cogent reason to disbelieve the version of complainant. The complainant being a layman needs to be compensated for the harassment he faced at the hands of opposite parties.

6.       From above detailed discussion, the present complaint is partly allowed exparte, with a direction to opposite parties to refund the total surrender value amount to complainant as per the terms of the agreement from the date of filing of complaint till its payment. Complainant is also entitled for Rs.10,000/- as compensation for harassment and mental agony and Rs.5,000/- as litigation expenses. Entire compliance be made within 30 days from the date of receipt of copy of order failing which the complainant will be entitled for 9% interest from the date of filing of complaint till its realization.

 7.     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)

 November 19, 2018.                Member                         Presiding Member

 MK