Punjab

Sangrur

CC/103/2015

Ahkansh Rai Aggarwal - Complainant(s)

Versus

PACL India Ltd. - Opp.Party(s)

Shri V.K.Singla

23 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

         

                  

                                                                    Complaint no. 103

                                                                   Instituted on:  05.03.2015

                                                                   Decided on:    23.12.2015

 

 

Ahkansh Rai Aggarwal S/o Shri Jaswant Rai Aggarwal, resident of B-4/724, Nagran Chowk, Nabha, District Patiala.

                                                        …. Complainant.       

       

                                 Versus

 

1.     PACL Limited,  SCO No.10,11 & 12, Kaula Park, Near Hot Chop Hotel, Sangrur through its Manager.

2.     PACL Limited, 7^th Floor, Gopal Das Bhawan, 28, Bara Khamba Road, New Delhi through its MD.

3.     PACL Limited, 22, 3^rd Floor, Amber Tower, Sansar Chand Road, Jaipur (Rajasthan) through its Chairman

 

             ….Opposite parties.

 

FOR THE COMPLAINANT:     Shri V.K.Singla, Advocate                           

 

FOR OPP. PARTIES           :     Shri Naresh Juneja, Advocate                    

 

 

Quorum

 

         

                   Sukhpal Singh Gill, President

                   K.C.Sharma, Member

                   Sarita Garg, Member

           

ORDER:   

 

Sukhpal Singh Gill, President

 

1.             Shri Ahkansh Rai Aggarwal, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OPs, the complainant opened an account bearing number U107237221 dated 11.07.2013 under which the complainant was to deposit an amount of Rs.5460/- per year for the period of 5 years and 6 months. It has been further that it was also agreed that the complainant could withdraw the amount at any time even before maturity of the policy. It is further averred that the complainant deposited only two instalments of Rs.5460/- each with the OPs in the said account till August,2014 and further instalments could not be got deposited by the Ops due to the SEBI order. It is further stated that the complainant went to Ops to deposit the due instalments along with interest, but the OP number 1 refused to do so. It is further averred that the complainant was in need of the amount in the month of January, 2015, so he approached the Ops for refund of the so deposited amount, but the OP number 1 flatly refused to do so.  Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to release the payment of Rs.10,920/- along with agreed rate of  interest i.e. 12.5% from the date of  deposit till realization and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, preliminary objections on the grounds of maintainability, jurisdiction and cause of action have been taken up.  It is stated that M/s PACL  Limited is a registered company under the Companies Act 1956 and it is engaged in the real estate business and also in the  business of sale and development of  agricultural land/  plot across  the country and allotted the  land to the customer  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. As such, this Forum has no jurisdiction to entertain and try the present complaint. On merits, it is stated that complainant entered into an agreement with the OPs for purchase of  land unit and complainant deposited the amount as an advance land consideration. It is further submitted that the Ops never gave assurance to the complainant that land advance consideration will be refunded after prescribed period. It is also submitted that  CBI  has  freezed the bank account of the PACL Limited  for which OPs have approached the Hon’ble High Delhi High Court against the arbitrary orders of the CBI which is pending  disposal before the Hon’ble Delhi High Court. So, the Ops are helpless to make refund/ payment of its customer and such delay in refund of the complainant is neither intentional nor deliberately.  Thus, there is no deficiency in service on the part of the OPs. It is further stated that the complaint is premature and the complainant has no cause of action to file the present complaint.  As such, any deficiency in service on the part of the Ops has been denied.

 

3.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of payment plans,Ex.C-3 copy of statement of accounts, Ex.C-4 copy of policy, Ex.C-5 copy of receipt dated 14.8.2014, Ex.C-6 copy of SEBI order dated 23.8.2014, Ex.C-7 copy of letter dated 10.2.2015 and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 affidavit, Ex.OP-2 copy of agreement and  Ex.OP-3 copy of bank letter and closed evidence.

 

 

4.             We have very carefully perused the pleadings of the parties, evidence produced on the file and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

 

5.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that the complainant had opened an account bearing number U-107237221 under which he was to deposit an amount of Rs.5460/- per year for the period of five years and six months, but he deposited only two instalments in the said account till August, 2014 and further instalments could not be deposited due to the SEBI orders. It is further contended by the learned counsel for the complainant that he was in need of the money, as such he approached the Ops in the month of  January, 2015 for refund of the amount, but the Ops refused to pay the same.  On the other hand, the learned counsel for the Ops has contended vehemently that the complainant has breached the terms and conditions of the agreement and did not deposit the instalments, nor he ever approached the Ops nor the complainant ever deposited the policy with the Ops for payment. Further in the present case, there is nothing on record that the complainant ever submitted any written request to the Ops for refund of the money so deposited by him with the Ops nor the complainant has deposited the original policy with the Ops for getting refund of the amount. In the circumstances, we feel that the complaint of the complainant is premature one as the cause of action will arose to the complainant only after submission of the documents to the Ops for refund of the deposited amount. As such, without going further into the merits of the case, we are of the considered opinion that the present complaint is pre mature one and cannot be decided at this stage.

 

 

6.             In view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. It is also made clear that the complainant is at liberty to again approach this Forum, if so desired, as and when the complaint is matured after depositing of the original documents with the Ops.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.

Pronounced.

 

                December 23, 2015.

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

                                                            (K.C.Sharma)

                                                                Member

 

 

                                                           (Sarita Garg)

                                                                Member