BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 104 of 2010
Date of Institution : 19.3.2010
Date of Decision : 29.7.2016
- Baldev Singh son of Sh.Bag Chand
- Parkash Rani w/o Baldev Singh
….residents of village Bajekan, distt.Sirsa.
……Complainants.
Versus.
- The Managing Director/Authorized Signatory of M/s Nicer Green Forest Ltd., now Nicer Green Housing & Inf. Developers Ltd., Regd. Head office, opp. Sethi Cold Store, near Anaj Mandi,Office of Zira Gate, Ferozpur, City Punjab.
- The Manager, M/s Nicer Green Forest Ltd., now Nicer Green Housing & Inf. Developers (DSS 43, Ist Floor HUDA Complex opp. Town Park, Sirsa).
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………………PRESIDENT
SHRI RANBIR SINGH PANGHAL………..MEMBER.
Present: Sh.R.K.Arora, Advocate for the complainant.
Sh.S.L.Sachdeva, Advocate for the opposite parties.
ORDER
In brief, case of complainants is that in the name of their minor son Jasbir Singh, they deposited an amount of Rs.10,000/- with the Ops vide receipt no.8073 against registration No.SR/01/00132 dt. 13.10.2006 NGFL No.BO/SR/06/002608 and Rs.10,000/- against receipt no.3832 dt.10.3.2006 registration No.SR/01/00056 NGFL No.SR/BO06/00911. This registration was made for the allotment of plot measuring 1200 sq. yard against total consideration price of Rs.40,000/- by the Ops. It is further pleaded that as per the scheme, ops were agreed to allot the plot or to refund a sum of Rs.100000/- against the amount of Rs.10,000/-. Half yearly instalments were fixed for payment of the amount vide sub registration letter no.0050147 dt. 31.5.2007 bearing NGFI BR/SR/07/004732 and registration no. SR/BO/14/004496 and in lieu of that registration complainants deposited an amount of Rs.8160/-. Both the complainants were nominated. Unfortunately, son of the complainants died on 6.2.2009 and after his death, complainants being nominee applied to the ops for refund of Rs.20,000/- and Rs.8160/- alongwith interest. But, Ops failed despite repeated requests and legal notice. Hence, the present complaint.
2. On notice, Ops appeared and contested the case. Op no.1 filed the written version on 6.12.2010 whereas Op no.2 opted the written statement filed by op no.1 on 18.3.2011. As per the written version of Ops, present complaint is not maintainable. It is admitted that complainants deposited the amounts of Rs.10,000/- +10,000/- and Rs.8160/-. As alleged, it was provided that in no case amount shall be refunded before the date of maturity and in case of death of the investor the person mentioned as nominee will be entitled to receive the payment of maturity value after the date of maturity. However, it is pleaded that Rs.8160/- were deposited with the condition that no amount paid against the certificate will be lapsed subject to minimum deposit of 13 instalments, but the complainants failed to deposit the 13 instalments and as such, they are not entitled for any amount out of Rs.8160/-.
3. By way of evidence, complainants produced their affidavits Ex.C1 and Ex.C2; affidavit of one Mahabeer s/o Sh.Devi Lal Ex.C3; copies of certificates and receipts issued by Ops Ex.C4 to Ex.C9; copy of legal notice Ex.C10; postal receipts Ex.C11 to Ex.C13; copy of death certificate Ex.C14, whereas ops failed to produce their evidence despite several opportunities granted to them and hence, their evidence was closed by court order.
4. We have heard learned counsel for the parties and have gone through the record of the case carefully.
5. After hearing both the sides carefully and gone through the record carefully, we are of the considered view that case of the complainants has been admitted by the ops through their written version. The ops further failed to prove their versions by way of evidence despite of sufficient opportunities granted to them. Deposit in the minor deceased son’s name of the complainants has been admitted by the ops. It is also admitted that being nominee, complainants are entitled to receive the amounts in question. Complainants are seeking for only deposited amount by them with interest and not claiming the plot or maturity amount. In our view, complainants are entitled to receive the amount deposited by them with the ops in the name of their minor deceased son. Accordingly, we accept the present complaint and ops are hereby directed to refund the deposited amounts of Rs.10,000/- +10,000/- and Rs.8160/- with interest @ 9% per annum from the date of this complaint i.e. 19.3.2010 till its realization. Ops are also directed to pay Rs.1100/- as litigation charges to the complainants. However, no further order as to compensation on account of harassment etc because in our view complainants have been duly compensated by way of granting relief of interest. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:29.7.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
