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  Opposite Party No.1 is Registered Office whereas Opposite Party No. 2 is Corporate Office of PACL Limited Company and Opposite Parties No.3 and 4 are its franchise offices and it use to get deposit  the amount from various consumers through different schemes on interest basis. Opposite Parties No.3 to 4 are the authorized territory/ sector/ regional as well as franchise offices  of Opposite Party No.1 company at Moga as well as at Kotkapura. Hence, Opposite Parties No. 3 and 4  are  Incharge  cum Responsible person for acts and deeds of Opposite Party No.1 here at Moga as well as Kotkapura.  Further alleges that on the allurement of Opposite Parties No. 3 and 4, the complainant deposited his hard earned money with Opposite Parties in the shape of different  Deposit Receipts on interest basis  and on the allurement of the officials of Opposite Parties No.3 and 4 that the plots of the deposited amount will be allotted and in case of  failure, the deposited amount will be refunded alongwith interest @ 24% per annum, the detail of which as follows:-

Further alleges that as per 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 refund the price of the deposited amount alongwith rate of interest @24% per annum , but after deposit of first or two installments, the Complainant has come to know that the Opposite Parties are committing fraud with the general public  and they are neither refunding the hard earned amount to the depositors nor allotting them  any plots as per the agreed terms and conditions, so the Complainant stopped to make the further installments. As such, there is relationship of consumer and service provider between the parties as provided under the Consumer Protection Act and  as per the agreed terms  and conditions, the Opposite Parties are  bound to return the deposited amount alongwith interest as agreed on the hard earned money of the complainant. Since the date of last payment, the complainant made various requests to the Opposite Parties to make the deposited amount alongwith interest. 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.  Not only this, for the Redressal of his grievances, the Complainant also approached Securities Exchange Board of India, but to no affect.  So, the Complainant is compelled to file the present complaint before this District Commission. Moreover, as per section 3 of the Consumer Protection Act (as amended upto date), the Act not in derogation of any other law – The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. In case titled Associated Road Carriers Ltd. Versus Kamlender Kashyap & Ors reported in I (2008) CPJ-404 (NC), it was observed that additional remedy is provided under Section 3 of the Act and jurisdiction of fora is not barred by any other clause/ remedy. The aforesaid act  of the opposite parties is illegal, unwarranted and uncalled for. Moreover, the aforesaid amount was kept by the Complainant by collecting very hardly for his future, but due to non payment of the maturity amount, the complainant is suffering badly at the hands of the Opposite Parties and in these days, she has urgent need of his hard earned money which is lying deposited with the Opposite Parties in the shape of money.  Due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment at the hands of the Opposite Parties. Repeated requests have been made by the complainant to the opposite parties to make the deposited amount in question alongwith agreed interest, and not indulge the complainant 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 deposited amount of Rs. 1,04,000/-alongwith  future  interest  @ 24 % per annum from 21.08.2021  till its actual realization. 

b)       The amount of Rs.50,000/- 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 his grievances.

2.       Upon notice, none has appeared on behalf of Opposite Parties   despite service, hence Opposite Parties were proceeded against exparte vide order dated 23.12.2021 of this District Commission. 

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of Receipts Annex.A2 and A5 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 Opposite Party No.1 is Registered Office whereas Opposite Party No. 2 is Corporate Office of PACL Limited Company and Opposite Parties No.3 and 4 are its franchise offices and it use to get deposit  the amount from various consumers through different schemes on interest basis. Opposite Parties No.3 to 4 are the authorized territory/ sector/ regional as well as franchise offices  of Opposite Party No.1 company at Moga as well as at Kotkapura. Hence, Opposite Parties No. 3 and 4  are  Incharge  cum Responsible person for acts and deeds of Opposite Party No.1 here at Moga as well as Kotkapura.  The case of the Complainant is   that on the allurement of Opposite Parties No. 3 and 4, the complainant deposited his hard earned money with Opposite Parties in the shape of different  Deposit Receipts on interest basis  and on the allurement of the officials of Opposite Parties No.3 and 4 that the plots of the deposited amount will be allotted and in case of  failure, the deposited amount will be refunded alongwith interest @ 24% per annum, the detail of which as follows:-

Further as per the terms and conditions of the deposits, after  completion of ten years, the Opposite Parties have to allot/hand over the plots of the respective size as per the deposit of the amount or to refund the price of the deposited amount alongwith rate of interest @24% per annum, but after deposit of first and second installments, the Complainant has come to know that the Opposite Parties are committing fraud with the general public  and they are neither refunding the hard earned amount to the depositors nor allotting them  any plots as per the agreed terms and conditions, so the Complainant stopped to make the further installments. As such, there is relationship of consumer and service provider between the parties as provided under the Consumer Protection Act and  as per the agreed terms  and conditions, the Opposite Parties are  bound to return the deposited amount alongwith interest as agreed on the hard earned money of the complainant. Since the date of last payment, the complainant made various requests to the Opposite Parties to make the deposited amount alongwith interest. 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, the deficiency is allegedly writ large on the part of the Opposite Parties.  Not only this, for the Redressal of his grievances, the Complainant also approached Securities Exchange Board of India, but to no affect.  So, the Complainant is compelled to file the present complaint before this District Commission. Moreover, as per Section 100 of Consumer Protection Act, 2019 (as amended upto date), the Act not in derogation of any other law – The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. In case titled Associated Road Carriers Ltd. Versus Kamlender Kashyap & Ors reported in I(2008)CPJ-404(NC), it was observed that additional remedy is provided under Section 3 of the Act and jurisdiction of fora is not barred by any other clause/ remedy. That the 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 his future, but due to non payment of the maturity amount, the complainant is suffering badly at the hands of the Opposite Parties and in these days, she has urgent need of his hard earned money which is lying deposited with the Opposite Parties in the shape of money.  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 his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of receipts Ex.C2 to Ex.C5. 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.50,000/-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.50,000/-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.50,000/- 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.1,04,000/- (Rupees one lakh four thousands only) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 28.09.2021 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 45 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: 15.02.2022.