Punjab

Sangrur

CC/137/2015

Megh Nath - Complainant(s)

Versus

PACL India Ltd. - Opp.Party(s)

Shri V.K.Singla

09 Jun 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

                                                                    Complaint no. 137

Instituted on:  13.03.2015

                                                                   Decided on:    09.06.2015

 

Megh Nath son of Shri Raja Ram, resident of Near Milk Plant, Village Mangwal, Tehsil and Distt. Sangrur.

                                                        …. Complainant.       

                                         Versus

PACL India Ltd. SCO No. 10,11,12, Kaula Park, Near Hot Chop Hotel, Sangrur through its Manager.

             ….Opposite party.

 

FOR THE COMPLAINANT:     Shri Vinod Singla , Advocate                          

 

FOR THE OPP. PARTY     :       Shri Naresh Juneja, Advocate                    

 

 

Quorum

         

                   Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

ORDER:   

 

Sukhpal Singh Gill, President

 

1.             Shri Megh Nath, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that on the request of OP, he opened an account under Instalment Payment Plan bearing no. U107065488 on 16.4.2008 and deposited an amount of Rs.47,520/- in 72 monthly instalments of Rs.660/- each and the OP agreed to pay an amount of Rs.69,300/- on maturity of the account. Thereafter on maturity, the complainant submitted all the documents to the OP  on 29.04.2014, but the OP did not pay the due amount despite lapse of sufficient period.  The complainant also approached the OP so many times, but all in vain. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to make the payment of Rs.69,300/- along with interest @18% per annum from the  due date of maturity i.e. 16.4.2014 till payment,  

ii)     OP be directed to pay to the complainant a sum of Rs.20,000/- on account of  compensation  for mental agony, harassment and an amount of Rs.10,000/- on account of litigation expenses.

 

2.             In reply filed by the OP, 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 alloted 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 bearing registration number U107065488 with the OP on 16.04.2008 and deposited the amount in instalments of Rs.660/- per month for 72 months. It is submitted that OP 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 OP has 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 OP  is 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 OP.

 

3.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of payment plans, Ex.C-3 copy of agreement performa, Ex.C-4 copy of SEBI order dated 23.8.2014, Ex.C-5 copy of letter dated 10.2.2015, Ex.C-6 copy of receipt dated 26.02.2014, Ex.C-7 copy of acknowledgement and closed evidence. On the other hand, the learned counsel for OP has produced  Ex.OP-1 affidavit and Ex.OP-2 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 acceptance, 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 U107065488 by depositing an amount of Rs.47,520/- in 72 equal instalments of Rs.660/- each and in turn the OP agreed to pay Rs.69,300/- on maturity date i.e. 16.4.2014 as is evident from the document i.e. renewal subscription receipt, which is on record as Ex.C-6 and the complainant has further stated that he submitted all the required documents  with the OP, but the OP has failed to repay the amount to him. On the other hand, learned counsel for the OP 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 and development of agriculture land/plot across  the country and allot the land to the customer 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 OP is that the complainant had deposited the said amount for purchasing the land unit to the answering respondent. This argument of the learned counsel for the OP is not tenable because no such agreement as stated by the learned counsel for the OP has been placed on record. Further, no document has been produced by the OP to show that they have not purchased any land for allotment to the complainant.

 

6.             Learned counsel for the OP has argued that  the OP had approached the Hon’ble Delhi High Court  against the arbitrary orders of the CBI which is pending disposal  before the Hon’ble High Court  and the matter was fixed for  hearing on 05.05.2015. Astonishingly, the OP has not produced any document/ order on record regarding the case filing/ pending with the Hon’ble Delhi High Court which provides information regarding actual/ factual position in the matter before this Forum. Further, the OP has produced on record copy of letter of the bank of Baroda Ex.OP-2 in which two current accounts of the Sangrur Branch of the OPs had been freezed by the Central Bureau of Investigation, New Delhi, but we feel that with the freeze of accounts, the OP cannot escape from their liability and same still stands. As such, OP ise liable to return the due amount as agreed between the parties.

 

7.             So, in view of our above discussion, we allow the complaint of the complainant and direct the OP to make the payment of Rs.69,300/- to the complainant along with interest @ 9% per annum from the due date of payment i.e. 16.04.2014 till realization. We further order the OP to pay to the complainant a sum of Rs.3000/- being consolidated amount of compensation.

 

8.             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.       

Pronounced.

 

                June 9, 2015

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

 

                                                           (K.C.Sharma)

                                                                Member

 

 

                                                            (Sarita Garg)

                                                                Member