| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.390 of 18-09-2015 Decided on 15-03-2016 Gurmail Kaur aged about 60 years D/o Sher Singh W/o Nathu Singh R/o House No.24967, Street No.13, Hazi Rattan, Bathinda. ........Complainant Versus 1.PACL India Limited, S.C.F No.12 Near Bibiwala Chowk, Bharat Nagar, Bathinda, through its Branch Manager. 2.PACL India Ltd, having its head office 7th Floor, Gopal Das Bhawan, 28, Barakhamba Road, New Delhi-110001, through its Managing Director. .......Opposite parties Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Sh.M.P Singh Pahwa, President. Smt.Sukhwinder Kaur, Member. Sh.Jarnail Singh, Member. Present:- For complainant: Sh.Shaminder Singh Maur, Advocate. Opposite parties: Ex-parte. ORDER Jarnail Singh, Member The complainant Gurmail Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties PACL India Limited and Others (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that opposite parties are collecting deposit from the consumers/public by promising lucrative high rate of interest besides doing other business of various kinds. It is alleged that on instigation of agent of opposite parties, the complainant purchased policy bearing registration No.U018125629, commenced on 4.3.2009 to earn her livelihood. At the time of issuance of policy, the agent of opposite parties obtained the signatures of the complainant on different blank unfilled forms that were not read over and explained to her. She paid all the required payments (in all Rs.37,500/- on different dates through installments) to opposite parties. The said policy matured on 4.9.2014 having exp. realization value of Rs.54,600/-. On deposit of all the installments and receipt of all relevant documents, QRC is issued by opposite parties. Thereafter she submitted all the original documents alongwith receipts, stamp paper worth Rs.25/- duly signed by her, signed stamp etc. with opposite parties on 1.9.2014. Their officials obtained her signatures on some blank forms/receipts and thereafter QRC was issued. They assured that payment of maturity amount will be made shortly from the date of issuance of QRC alongwith interest at the prevailing market rate, which is not less than 15% PA. It is further alleged that after expiry of one month, the complainant approached opposite parties and requested them to release the maturity amount alongwith interest, but to no avail. They disclosed that some CBI enquiry is pending against them, but they clearly told that the said enquiry has no connection with the complainant nor any stay has been granted by any court. On this backdrop of facts, the complainant has alleged deficiency in service on the part of opposite parties and has prayed for directions to them for payment of maturity amount of Rs.54,600/- alongwith interest @15% per annum and also claimed compensation to the tune of Rs.20,000/-. Hence, this complaint. Upon notice, opposite parties appeared through their Authorized Representative and contested the complaint by filing their written version. In their joint written version, they have pleaded that PACL Limited, having its registered office at 22, 3rd Floor, Amber Tower, Sansar Chand Road, Jaipur, Rajasthan and Corporate office at 7th Floor, Gopal Das Bhawan, 28, Barakhamba Road, New Delhi and is a corporate body incorporated under the provisions of Indian Companies Act. It has status of a legal persona, as such being a legal entity, it has right to sue for its own liability. It is Real Estate Company and engaged in the business of sale and purchase of land and development and construction of residential as well as commercial projects. It is further pleaded that in this case the complainant applied for a piece of land vide registration No.U018125629 dated 4.3.2009 and she has duly executed agreement with the company for same. This complaint is based on false and baseless averments. She has intentionally and willfully not disclosed the material facts. There is no deficiency on the part of opposite parties U/s 2(g) of 'Act'. Therefore, complaint is liable to be dismissed. No cause-of-action has arisen in favour of the complainant and against opposite parties to file this complaint. This Forum has no jurisdiction to entertain and decide this complaint. There is an arbitration clause in the agreement, which has been executed between the parties, according to which the parties should invoke arbitration proceedings for the redressal of their grievances in accordance with Arbitration and Conciliation Act, 1996. It is further pleaded that as per record, the complainant has deposited a sum of Rs.39,600/- only with the company against sale consideration. CBI has registered a case against opposite parties vide R.C.BDI/2014/E/0004 U/s 420 and 120-B of IPC on 19.2.2014 and pursuant to the same it has passed directions to the concerned banks for freezing of their bank accounts. Opposite parties have filed a Writ Petition (Criminal) No.705/2014 before the Hon'ble High Court of Delhi against the direction of CBI for defreezing bank accounts. Vide order dated 6.5.2014, Hon'ble High Court allowed defreezing of the bank accounts. Thereafter CBI again freezed the bank accounts of company. The company has filed an application (Crl.M.A.No.12444/2014) in the aforesaid Writ Petition No.705/2014 before the Hon'ble High Court of Delhi, which is still pending. The company is helpless to make payment to the complainant due to defreezing of the bank accounts by the Hon'ble High Court of Delhi. Both the parties were afforded opportunities to produce evidence. In support of her claim, the complainant has tendered into evidence her own affidavit dated 17.9.2015, (Ex.C1); photocopy of acknowledgment, (Ex.C2) and closed the evidence. Subsequently, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against them. We have heard learned counsel for complainant and gone through the file carefully. Learned counsel for complainant has submitted that the complainant has invested an amount of Rs.37,500/- with opposite parties. This fact is not denied by opposite parties in their written version. Opposite parties in their written version have pleaded that they are unable to make refund/payment as the bank account is freezed by order of CBI. This fact also shows that opposite parties were to refund the amount received from the complainant. Of-course, expiry date of agreement was 4.9.2014. The complainant has deposited all the installments. Therefore, she is liable for maturity amount alongwith interest. At the most she can be given proportionate benefits and interest @ 18% per annum. We have given careful consideration to these submissions. As per opposite parties, the complainant has invested an amount of Rs.39,600/- with them. Of-course, it is alleged by opposite parties that they are in business of real estate, but there is nothing on record to show that any land was offered to the complainant by them. Expiry date of agreement was 4.9.2014. The complainant has deposited all the installments, but she has not brought on record any receipt in this regard. However, opposite parties have admitted that the complainant has deposited an amount of Rs.39,600/-. Therefore, she is entitled to maturity amount of the policy i.e. Rs.54,600/-. This fact is also not denied by opposite parties in their written version. For the reasons recorded above, the complaint is partly accepted with Rs.2500/- as cost and compensation against opposite parties. Opposite parties are directed to refund an amount of Rs.54,500/- alongwith interest @ 12% per annum to the complainant from the date of maturity till payment. The compliance of this order be made within 30 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 15-03-2016 (M.P Singh Pahwa) President (Sukhwinder Kaur) Member (Jarnail Singh) Member
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