BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR.

                                                                             C.C. No.186 of 2014                                                                                            Date of Institution: 05.01.2014                                                                                     Date of Decision: 29.1.2016

Vansh, aged 2-1/2 years, Subham 10 years, minor sons of father Satish Kumar, through their father Satish Kumar son of Murari Lal, resident of  House No.56-A, Bazar No.3, Ferozepur Cantt. 

                                                                                         ....... Complainant

Versus

1.    Nicer Green Housing and Infrastructure Limited, 133-B, Ekta Enclave,  Near Peergarhi Metro Station, Rohtak Road, New Delhi, through its authorized signatory.

2.    Nicer Green Housing and Infrastructure Limited, Registered Office, Guru Ram Dass Nagar, Ferozepur City, through its M.D. Pippal Singh/Authorized Signatory.

  ........ Opposite parties

Complaint   under Section  12 of       the Consumer Protection Act, 1986.

                                                                             *        *        *        *        *

PRESENT :

For the complainant                :        Sh. Karan Garg, Advocate 

For the opposite parties          :        Sh Vipan Gupta Advocate

QUORUM

S. Gurpartap Singh Brar, President

Smt.  Inderjeet Kaur, Member

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ORDER

GURPARTAP SINGH BRAR, PRESIDENT:-

         This complaint case has been remanded back from the Hon’ble State Commission, Punjab, Chandigarh vide which the Hon’ble State Commission, Punjab Chandigarh  has set aside the order of this Forum and has been directed to this Forum to decide the same afresh.

2.                 Brief facts of the complaint are 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. The complainant invested Rs.47,000/- with them vide different policy on his own name and Rs.5100/- in the name of his minor son Vansh Rs.20,000/- in the name of his minor son Shubham. At that time the representative of the opposite party No. 1 assured the complainant that after 3 years he will get Rs.1,46,000/- and Rs.30,600/- for the policy of Vansh minor son and Rs.60,000/- of the policies of Shubam minor son. The complainant purchased various policies of the opposite parties, through its authorized representative i.e. opposite party No. 2 by paying requisite amounts in its registered office at Ferozepur City on his own name.

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                   Further it has been pleaded that at the time of purchase of policies, opposite party No.2 also gave assurance to the complainant that he will get all the benefits time to time and after the maturity of the policies, he will get his payment on the spot. After 3 years, the complainant approached opposite party No.2 to get his payment back, which was invested, but the opposite parties put up the matter one pretext or the other. Thereafter, the complainant again approached opposite party No.2 many a times and requested to make the payment of the above said amount along with interest, but the opposite parties have failed to make the payment along with interest to the complainant. Complainant also served a legal notice dated 11.2.2014 upon opposite party No.2, but opposite party No.2 neither gave any reply to the said legal notice nor has made the payment of above said amount to the complainant. The complainant also moved an application to the S.S.P., Ferozepur against the opposite parties. Pleading deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has prayed that the opposite parties be directed to pay the amount of Rs.90,600/- in respect of above said policies along with interest @ 2% per annum along with all other policies benefits. Further a sum of Rs.50,000/- has been claimed as compensation and Rs.5500/- as litigation expenses.

3.                The opposite parties have appeared through their counsel and filed their joint written reply to the complaint. In their joint written reply, the opposite

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parties took some preliminary objections interalia that the present complaint is bad for mis-joinder of necessary parties as the complainant alleged to have invested money and purchased a policy from Nicer Green Housing and Infrastructure Developer  Limited, whereas, she had filed the present complaint against Nicer Green Housing and Infrastructure Limited; that the present complaint is false, frivolous and vexatious; that the present complaint is pre-mature and as such this Forum has no jurisdiction to entertain and decide the present complaint; that the complainant is bound by the terms and conditions of the policy. The policy issued to the complainants was for ten years commencing from 27.02.2010, 10.03.2010 and 16.03.2010 and were expiring on 27.02.2020, 10.03.2020 and 16.03.2020 respectively.  On merits, it has been pleaded that the complainant was registered with the Nicer Green Housing and Infrastructure Developer Limited for the booking of a plot and according to the registration letter bearing registration No.018/22/008417 dated 27.02.2010, complainant Vansh was required to make the payment of Rs.5100/- half yearly installment for ten years commencing from 27.02.2010 and after the expiry of 10 years and on payment of Rs.1,02,000/- in total he was to get a plot and estimated realizable value at the ends of the term was mentioned as Rs.2,00,000/- It was no where mentioned that after three years the complainant will get the amount. It has been further pleaded that Subham complainant was required to pay yearly installments of Rs.10,000/- each of both the policies bearing registration No.018/23/008500 and 018/23/008555  and after expiry of ten years he was to get a plot and the estimated realizable value at the end of the term was mentioned at Rs.2 lac for each policy. It was nowhere mentioned that after three years, the complainant will get the amount. Complainant Vansh has paid only six half yearly installments of Rs.5100/- each totaling Rs.30,600/-  and complainant Subham has paid 3 yearly installments in each policy of Rs.10,000/-

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totaling Rs.90,000/- and thereafter committed breach of the terms and conditions of the agreement executed by the complainants with the opposite parties by not paying the further installments. It has been denied that the complainant had invested Rs.47,000/- with the opposite parties vide different policies. A perusal of the terms and conditions of the agreement, in case of any breach by the customer by not making the payment of the installments for a period of 12 consecutive months, it was to be treated as breach of the agreement and in that eventuality, the complainant was got the amount after deduction @6.25% towards various costs and other incidental expenses incurred by the company without any interest and the said amount was to be paid at the end of the term. Complainant has not deposited any amount after 2012 and as such she has committed a breach of agreement and the amount is to be refunded after deduction of 6.25% and that too at the end of the term. Other allegations of the complaint have been denied and a prayer for dismissal of the complaint has been made.

4.                Learned counsel for complainant tendered into evidence   Ex. C-1 to Ex. C-34 and closed evidence on behalf of the complainant. On the other hand, the learned counsel for opposite party Nos.1 & 2 has tendered into evidence Ex O.P-1&2/1 to Ex O.P1 & 2/7 and closed evidence on behalf of opposite party Nos.1 & 2.  

5.                We have heard the learned counsel for the parties  and have also gone through the file.            

6.                We have carefully gone through the file. A perusal of the written statement filed by the opposite parties reveals that they have received a sum of Rs.5100/- six half yearly installments from Vansh, totaling amount of  Rs.30,600/- under policies, which is proved on record the copy of receipts as Ex. C-3 to Ex.C-

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9. However, the complainant has also produced on record the copy of receipts  Ex. C-10 to Ex. C-16 from which it is proved that the complainant has deposited Rs.50,000/-. So, the opposite parties No.1 and 2 have received a sum of Rs.80,600/- in under the policies in question.

7.       The SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI) has passed an order dated November 09, 2015 in case no.WTH/PS/86/CIS-NRO/NOV/2015 in respect of Nicer Green Housing and Infrastructure Developers Limited (PAN: AACCN5652N) and its directors, Mr. Pipal Singh Sidhu (PAN:BVEPS9613M), Mr. Ranjit Singh (PAN:BZWPS3360K), Ms. Surinder Kaur (PAN:ASGPK7961G) AND Mr. Karanjit Singh (PAN:CRCPS3999H) to the following effect:-

Para 16. In view of the observation made in this order, I, in exercise of the powers conferred upon me under section 19 of the Securities and Exchange Board of India Act, 1992 and Sections 11(1), 11B and 11(4) thereof and Regulation 65 of the SEBI (Collective Investment Schemes) Regulations, 1999, hereby issue the following directions:

1. Nicer Green Housing and Infrastructure Developers Limited (CIN U45200PB2007PLC030879) and its directors, namely Mr. Pipal Singh Sidhu (DIN-00751858), Mr. Ranjit Singh (DIN-00922498), Ms. Surinder Kaur (DIN-00922478) AND Mr. Karanjit Singh(DIN-02986346) shall abstain from collecting any money from the investors or launch or carry out any Collective Investment  Schemes including the scheme which have been identified as a Collective investment Scheme in this order.
2. Nicer Green Housing and Infrastructure Developers Limited and its directors, namely Mr. Pipal Singh Sidhu, Mr. Ranjit Singh, Ms. Surinder

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Kaur, Mr. Karanjit Singh shall wind up the existing Collective Investment Schemes and refund the money collected by the said company under the schemes with returns which are due to its investors as per the terms of offer within a period of three months from the date of this order and thereafter within a period of fifteen days, submit a winding up and repayment report to SEBI in accordance with the SEBI (Collective Investment Schemes) Regulations, 1999, including the trail of funds claimed to be refunded, bank account statements indicating refund to the investors and receipt from the investors acknowledging such refunds.

3. Nicer Green Housing and Infrastructure Developers Limited and its directors, namely Mr. Pipal Singh Sidhu, Mr. Ranjit Singh, Ms. Surinder Kaur, Mr. Karanjit Singh shall not alienate or dispose off or sell any of the assets of  Nicer Green Housing and Infrastructure Developers Limited except for the purpose of making refunds to its investors as directed above.
4. Nicer Green Housing and Infrastructure Developers Limited and its directors, namely Mr. Pipal Singh Sidhu, Mr. Ranjit Singh, Ms. Surinder Kaur, Mr. Karanjit Singh are also directed to provide a full inventory of all their assets and properties and details of all their bank accounts, demat accounts and holdings of shares/securities, if held in physical form.
5. Nicer Green Housing and Infrastructure Developers Limited and its directors, namely Mr. Pipal Singh Sidhu, Mr. Ranjit Singh, Ms. Surinder Kaur, Mr. Karanjit Singh are restrained from accessing the securities market and are prohibited from buying, selling or otherwise dealing in securities market, directly or indirectly, in any manner and launching any

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scheme for mobilization of funds in any manner for a period of four (4) years.

So, SEBI vide the above said order dated November 09,2015 has directed the opposite party Nos.1 and 2 to wind  up the existing Collective Investment Schemes and refund the money collected by the said company under the schemes with returns which are due to its investors as per the terms of offer within a period of three months from the date of this order and thereafter within a period of fifteen days, submit a winding up and repayment report to SEBI in accordance with the SEBI (Collective Investment Schemes) Regulations, 1999, including the trail of funds claimed to be refunded, bank account statements indicating refund to the investors and receipt from the investors acknowledging such refund but the opposite parties have failed to refund the amount collected from the investor/complainant. The question of maturity date of the policies and the terms and conditions of the policy becomes immaterial as the opposite parties have been ordered to be wound up by SEBI and has been directed to refund the amount charged from the investors. Accordingly, the complainant is entitled to a sum of Rs.80,600/- invested by him under the policies in question.

8.            In view of what has been discussed above, the present complaint of the complainant succeeds against the opposite parties and the opposite parties are jointly and severally held liable to pay to the complainant a sum of Rs.80,600/- alongwith interest @9% per annum from the date of order of SEBI i.e. November 09,2015 till realization. The complainant is also held entitled to a sum of Rs.3000/- as compensation for harassment and mental agony and a sum

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of Rs.2,000/- as litigation expenses. The order is directed to be complied with within a period of thirty days from the date of receipt of its copy. File be consigned to the record room.

Announced                                                      (Gurpartap Singh Brar)

29.01/2016                                                      President    

                                                                             (Inderjeet Kaur)                                                                                                   Member