Punjab

Sangrur

CC/491/2015

Nidhish Goyal - Complainant(s)

Versus

PACL India Ltd. - Opp.Party(s)

Shri Rajinder Goyal

01 Dec 2015

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 491                                                                                        

                                                                   Instituted on:  17.06.2015

                                                                   Decided on:    01.12.2015

 

Nidhish Goyal son of Shri Radhe Sham Goyal resident of Hari Kewal Street, Piran Wala Gate, Sunam, District Sangrur.        

                                                …. Complainant.      

                                         Versus

1.     Pearls PACL India Ltd. SCO No.10-12, Kaula Park, Near Hot Chop Hotel Sangrur through its Branch Manager.

2.    PACL India Limited Regd. Office 22, 3^rd Floor, Amber Tower, Sansar Chand Road, Jaipur through its M.D/GM.

      ….Opposite parties.

 

FOR THE COMPLAINANT:    Shri Rajinder Goyal, 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.             Nidhish Goyal, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that as per scheme launched by the OPs, he had been depositing  Rs.6250/- with OPs as yearly  installment under  Table / Term  for 72 months vide registration no. U-107061606 on 29.02.2008 and the date of maturity was 28.02.2014.  The OPs agreed to pay an amount of Rs.57750/- on the maturity date. On the maturity date, the complainant submitted the original certificate along with application with OPs under acknowledgement dated 21.04.2014 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 the maturity amount of Rs.57750/- along with interest @18% per annum from the date of maturity till realization and  

ii)     OPs be directed to pay to the complainant a sum of Rs.30000/- as compensation   on account of mental agony, harassment and to pay Rs.5000/- as 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, 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. 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   alleged amount as an advance land consideration. It is submitted that OPs never gave assurance to the complainant that land advance consideration will be refunded after prescribed period.  It has also been 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.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OPs have tendered document Ex.OP-1 to Ex.OP-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 parties, we find that the complainant had been depositing an amount of Rs.6250/- as  yearly installment in  the OPs scheme for 72 months  and  OPs had to repay the amount to the complainant after maturity period to the tune of Rs.57750/- and the complainant stated that he submitted original certificate with the OPs but OPs have failed to repay the amount to him. 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. The argument of the learned counsel for the OPs is not tenable because no such agreement as stated by the learned counsel for the OPs has been placed on record. Further, no document has been produced by the OPs that they have purchased any land for allotment 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.

5.             So, in view of the above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.57750/- to the complainant along with interest @9% per annum from the date of maturity till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1100/- as litigation expenses.

6.             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

                December 1, 2015

 

 

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

           Member            Member                     President

 

 

BBS/-