Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V., Member.
3. Sri.M.P.Chandrakumar, Member
30th day of November 2016
C.C.347/16 filed on 23/06/16
Complainant : Nithin K Satheesan, S/o Satheesan,
Karanath House, Chembukkavu ,
Cherumukku Temple Road,
Thrissur 680 020.
(By Adv. A.Y. Khalid, Thrissur)
Opposite Parties : 1) PACL India Limited, Registered Office 22,
3rd Floor, Amber Tower, Sansar Chand
Road, Jaipur – 302 004 Rep. by
Managing Director Gurmeet Sing.
2) PACL India Limited, Corporate Office, 7th
Floor, Gopaldas Bhavan, 28 Barakhamba
Road, New Delhi – 110 001 Rep. by
Chairman Nirmal Sing Bangoo.
3) PACL India Limited, 3rd Floor, D.P. Plaza,
Nr. Hotel, Kokkalai, Thrissur – 680 021.
Rep. by Branch Manager.
O R D E R
By Sri.P.K,.Sasi, President
The case of the complainant is that he has joined in a scheme of booking for plots started by the 1st opposite party for an amount of Rs.37,500/- for which the opposite parties issued two certificated in the name of complainant. The scheme started from 30/12/09 and matured on 30/6/15. As per the scheme value of the plot purchased by the complainant at the time of maturity was fixed as Rs.54,600/-. The complainant was canvassed by the opposite parties by offering attractive promises. Accordingly, the complainant has paid 36 installments of the scheme for which the opposite parties issued receipts. Altogether he has paid Rs.21,600/- in 36 installments of Rs. 600/- each for two plots.
2) The complainant approached the opposite parties to get back the amount actually invested by him whereas, they were prolonging the matter by saying some or other reasons. Hence, this complaint is filed for getting relief.
3) On receiving complaint notice was issued to all the opposite parties whereas, the opposite parties neither appeared before the Forum nor submitted any version. Hence, set ex-parte and posted for complainant’s evidence. From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced five documents which are marked as Ext. P1 to P5. Ext. P1 series receipts issued by opposite parties; Ext. P2 is the Receipt issued by opposite party dtd.8/7/15; Ext. P3 another Receipt issued by opposite party dtd.8/7/15; Ext. P4 copy of Registration Letter and Ext. P5 copy of another Registration letter. We heard the learned counsel for the complainant in detail. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. We have gone through the contents of the affidavit and perused the documents produced. Considering the points discussed hereinabove, we are of the opinion that the opposite parties have committed deficiency in service as well as unfair trade practice towards the complainant.
In the result, we allow this complaint and the opposite parties are directed to return Rs. 21,600/- (Rupees Twenty one thousand six hundred only) with 18% interest from 30/12/09 to the complainant within one month from receiving copy of this order. Since the complainant is sufficiently compensated by allowing interest there is no separate order regarding compensation and cost.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of November 2016.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext. P1 series receipts issued by opposite parties
Ext. P2 Receipt dtd.8/7/15
Ext. P3 Receipt dtd.8/7/15
Ext. P4 copy of Registration Letter
Ext. P5 copy of another Registration letter.
Id/-
President
