Punjab

Sangrur

CC/129/2015

Parveen Rai Aggarwal - Complainant(s)

Versus

PACL India Ltd. - Opp.Party(s)

Shri V.K.Singla

04 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

                                                                    Complaint no. 129

                                                                   Instituted on:  12.03.2015

                                                                   Decided on:    04.11.2015

 

Parveen Rai Aggarwal W/o Sh. Jaswant Rai Aggarwal R/o Nagran Chowk, Nabha District Patiala.

                                                        …. Complainant.      

                                         Versus

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

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

3.     PACL India Limited, 22, 3^rd Floor, Amber Bhawan, 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 Parveen 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 IPP account bearing number U107133080 dated 23.10.2009  under which the complainant was to deposit Rs.1365/- per year for 66 months and the complainant deposited Rs.6825/- by depositing five instalments of Rs.1365/- each in the said account till November, 2013 and thereafter when the complainant went to deposit the 6^th instalment, the OP did not accept the same and said that they have stopped to collect the instalments in view of the SEBI orders. Thereafter the complainant requested the Ops either to get deposited the instalments or to refund the amount, but all in vain.  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.6825/- along with agreed rate of  interest from the date of opening of the account 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 plan, Ex.C-3 copy of agreement performa, Ex.C-4 copy of SEBI order, Ex.C-5 copy of letter dated 10.2.2015, Ex.C-6 copy of policy, Ex.C-7 copy of receipt dated 5.11.2013, Ex.C-8 copy of acknowledgement and closed evidence acknowledgement and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 affidavit, 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 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-107133080 under which he was to deposit Rs.1365/- per year, but the complainant deposited only four instalments till November, 2013 as the account was opened on 23.10.2009.  It is the own case of the complainant that thereafter he did not deposit the remaining instalments as the Ops refused to do so.  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 by not depositing the remaining instalments. It is further contended by the learned counsel for the Ops that if there is any breach of agreement by the customer after two years from the date of commencement and before allotment of the plot, the payment received under the application plan shall be refunded by the company on receipt of written request of the customer.  But 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.  We have also perused the copy of acknowledgement slip dated 1.6.2015, whereby the complainant submitted the buy back letter to the OPs, meaning thereby the complainant first time approached the Ops for refund of the due amount only on 1.6.2015, whereas the complainant has filed the present complaint on 12.3.2015, which clearly shows that the complaint is premature one as the cause of action arose to the complainant only after 1.6.2015 i.e. 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 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 as and when the complaint is matured, if he desired so.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.     

Pronounced.

 

                November 4, 2015

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

                                                            (K.C.Sharma)

                                                                Member

 

 

                                                           (Sarita Garg)

                                                                Member