Order by:

Sh.Amrinder Singh Sidhu, President

The  complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that  the opposite parties are dealing under name and style of Nicer Green Housing and Infrastructure Limited, having its Head Office at Delhi and Registered Office at Ferozepur City. The opposite parties introduced various policies/schemes in the market and also broadcasted the same on websites. Opposite party No.2, being registered office at Ferozepur City, introduced various policies/ schemes to general public including the present complainant in area of District Ferozepur.  In the month of March, 2010 the agents of the Opposite Parties contacted the  complainant here at Moga and introduced regarding the policies of the Opposite Parties. On the allurement of the representative of the Opposite Parties, the complainant purchased the policy vide which the complainant has to deposit Rs.32000/- per year and after 10 years, the Opposite Parties have to pay Rs.6,40,000/- or to allot 16000 square yard plot. The detail of the policy as follows:-         

Further alleges that as the terms and conditions of the deposits, after  completion of then years, the Opposite Parties have to allot/hand over the plots of the respective size as per the deposit of the amount or to pay the Estimated Realizable Value at the end of term after 10 years. As per the terms, the complainant deposited the installments with the Opposite Parties well within time.  On the maturity date, the complainant visited the office of Opposite Party No.2 for the payment of maturity value of the deposited amount or to allot the plot as agreed. Initially, the Opposite Parties asked the complainant to wait for some months, but later on  the Opposite Parties have been lingering on the matter on one pretext or the other. Now, the Opposite Parties have flatly refused to pay any amount to the complainant, as such, there is deficiency in service on the part of the Opposite Parties.  The aforesaid act of the opposite parties is illegal, unwarranted and uncalled for. It is pertinent to mention over here that the aforesaid amount was kept by the Complainant by collecting very hardly for her future, but due to non payment of the maturity amount, the complainant is suffering badly in the hand of the Opposite Parties and in these days, she has urgent need of her hard earned money which is lying deposited with the Opposite Parties in the shape of Fixed deposit.  Due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment in the hands of the Opposite Parties. Though the loss suffered by the complainant can not be compensated in the shape of money, but still the complainant is entitled to compensation for mental tension and harassment amounting to Rs. 1,00,000/-. The repeated requests have been made by the complainant to the opposite parties to make the maturity amount in question alongwith future interest, and not compel the complainant to indulge into any litigation, but the opposite parties refused to admit the rightful claim of the complainant. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to make the maturity amount of Rs.6,40,000/- alongwith  future  interest  @ 18 % per annum from 31.03.2020  till its actual realization. 

b)      The amount of Rs.1,00,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused by the complainant.

c)       The cost of complaint amounting to Rs.11,000/- may please be allowed.

d)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity. 

Hence this complaint has been filed by the Complainant for the redressal of her grievances.

2.       Upon notice, none has appeared on behalf of Opposite Parties   despite service, hence Opposite Parties were proceeded against exparte. 

3.       In order to prove her case, the complainant tendered into evidence her affidavit Ex.C1 alongwith copy of receipt Ex.C2 and closed the evidence.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident  that the complainant purchased the policy vide which the complainant has to deposit Rs.32000/- per year and after 10 years, the Opposite Parties have to pay Rs.6,40,000/- or to allot 16000 square yard plot. The detail of the policy as follows:-         

The case of the complainant is that  as the terms and conditions of the deposits, after  completion of then years, the Opposite Parties have to allot/hand over the plots of the respective size as per the deposit of the amount or to pay the Estimated Realizable Value at the end of term after 10 years. As per the terms, the complainant deposited the installments with the Opposite Parties well within time.  On the maturity date, the complainant visited the office of Opposite Party No.2 for the payment of maturity value of the deposited amount or to allot the plot as agreed. Initially, the Opposite Parties asked the complainant to wait for some months, but later on  the Opposite Parties have been lingering on the matter on one pretext or the other. Now, the Opposite Parties have flatly refused to pay any amount to the complainant, as such, there is deficiency in service on the part of the Opposite Parties.  The aforesaid act of the opposite parties is illegal, unwarranted and uncalled for. It is pertinent to mention over here that the aforesaid amount was kept by the Complainant by collecting very hardly for her future, but due to non payment of the maturity amount, the complainant is suffering badly in the hand of the Opposite Parties and in these days, she has urgent need of her hard earned money which is lying deposited with the Opposite Parties in the shape of Fixed deposit.  Due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment in the hands of the Opposite Parties. To corroborate her aforesaid assertion, the Complainant has placed on record her duly sworn affidavit Ex.C1 alongwith copy of receipt Ex.C2. Not only this, with regard to loss incurred due to non payment of the maturity amount, the complainant  has sought compensation to the tune of Rs.1,00,000/-on account of mental tension and harassment  caused in the hands of the Opposite Parties  and cited judgement of Hon’ble Supreme Court of India titled as Patel Roadways Ltd. Vs. Birla Yamaha Ltd. III (2000) SLT 554-II (2000), CLT 83 (SC), 1(2000) CPJ 42 (SC) 2000 (4) SCC, 91.  The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint. 

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the maturity amount of the receipts.  On this count, the Complainant prayed for maturity amount as well as to  pay Rs.1,00,000/-as compensation for causing him mental tension and harassment and Rs.11,000/- as costs of litigation, but we are of the view that the claim for compensation to the tune of Rs.1,00,000/- appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.10,000/- and we award the same accordingly.

7.       In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against all the Opposite Parties and all the Opposite Parties are jointly or severally directed to make the maturity amount of Rs. 6,40,000/- (Rupees six lakh forty thousands only) alongwith interest @ 8% per annum from the date of  its maturity i.e. 31.03.2020 till its actual realization.  Opposite Parties are also directed to pay Rs.10,000/- (Rupees ten thousands only)  as lumpsum compensation to the complainant. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.

Dated: 17.08.2022.