Punjab

Sangrur

CC/190/2015

Rashim Rani - Complainant(s)

Versus

PACL India Limited - Opp.Party(s)

Shri G.S Nandpuri

11 Aug 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                     Complaint no. 190                                                                                                 

                                                                    Instituted on:  08.04.2015

                                                                     Decided on:    11.08.2015

Rashim Rani wife of  Sh. Sanjeev Kumar, resident of Ram Basti, Gali No.7-B, Sangrur, District Sangrur.   

                                                        …. Complainant.      

                                         Versus

1.     PACL India Ltd. SCO 10-12, Outside Dhuri Gate, Near HDFC Bank Limited Sangrur through its Manager.    

2.     PACL India Ltd.  22, 3^rd Floor, Amber Tower Sansar Chand Road, Jaipur-302004 through its General Manager/M.D.

         ….Opposite parties.

FOR THE COMPLAINANT:    Shri G.S.Nandpuri, Advocate                          

 

FOR THE OPP. PARTIES  :     Shri Naresh Juneja, Advocate                     

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Rashim Rani, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she obtained policy bearing no. U107063432 dated 24.03.2008 which was to be matured on 24.03.2014. After the maturity date, the complainant approached the OPs and requested them to release the maturity amount  and submitted all the relevant documents under  acknowledgement dated 22.03.2014 but the OPs did not release the maturity amount till date. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make/ release the maturity amount of Rs.46200/- along with interest @18% per annum from the date of maturity till realization,  

ii)     OPs be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment and litigation expenses.

2.             In reply filed by the OPs, preliminary objections on the grounds of maintainability, jurisdiction, non-joinder of necessary party and cause of action have been taken up.  It is stated that M/s PACL Limited is a real estate company and engaged in the business of sale and development of agriculture land/plot across the country and allot the land to the customer. On merits, deposit of amount for purchasing the land by the complainant is admitted.  However, it has been stated that  the company did not receive any deposit from the complainant it only  received advance consideration for purchase  of land/plot as per the terms and conditions of the agreement.  It has also been stated that the  complainant  deposited the installments with the OP as advance sale amount of the plot.  The complainant did not produce the receipts of installments which she allegedly mentioned that she was already deposited installments with the OPs.  The complainant never approached the OPs and OPs never refused to  make the payment to the complainant.  It is further submitted that the accounts of the OPs have been seized  by the C.B.I. and due to  that reason  the OPs are unable to release the amount to the complainant. Thus, there is no deficiency in service on the part of the OPs.

3.             The complainant has tendered documents Ex.C-1 and Ex.C-3 and closed evidence. On the other hand, OPs have tendered document Ex.OPs/1 to Ex.OPs/3 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had obtained a policy from the OPs which was to be matured on 24.03.2014 and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.46200/- and the complainant stated that he submitted all the required documents including original policy with the OPs but OPs have failed to repay the amount to him.

5.             On the other hand, learned counsel for the OPs has argued that OP  is a registered company under the Companies Act and engaged in the real estate business and also in the business of sale, purchase of agricultural land under certain schemes of Fixed payment plan and installment payment plan etc. for which an agreement  is executed between the company and the customer and there is a specific clause in the agreement that any dispute pertaining to  the said agreement will be referred to the arbitrator for resolution of the dispute.  Second objection of the OPs is that the complainant had deposited the said amount for purchasing the land to the answering respondent. It is denied by OPs that the complainant ever approached the OPs but it has been admitted by the OPs that the complainant had deposited the above said amount. Further, no document has been produced by the OPs that they have purchased any land for allotment to the complainant.  Moreover, the OPs themselves have admitted in their written reply that   they never refused to make the payment to the complainant.    However, the OPs have produced on record copy of letter of the bank of Baroda Ex.OP-3 in which two current accounts of the Sangrur Branch of the OPs have been freezed by the Central Bureau of Investigation, New Delhi, but we feel that with the freeze of accounts, the OPs cannot escape from their liability and same still stands. As such, OPs are liable to return the amount as agreed between the parties.

6.             So, in view of the above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.46200/-to the complainant along with interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- being consolidated amount of compensation. 

7.             This order of ours shall be complied with  within 60 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                 

Announced

                August 11, 2015

 

 

( Sarita Garg)           ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                                      

Member                 Member                          President

 

 

BBS/-