Punjab

Sangrur

CC/292/2015

Sanjeev Kumar - Complainant(s)

Versus

PACL India Ltd. - Opp.Party(s)

Shri Mahesh Satija

03 Sep 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                    

                                                                   Complaint no. 292                                                                                                 

                                                                    Instituted on:  08.05.2015

                                                                     Decided on:    03.09.2015

 

Sanjeev Kumar s/o Sudarshan Kumar r/o 3-A/148, Dharmpura Mohalla, Dhuri , District Sangrur.   

                                                …. Complainant.      

                                         Versus

1.     Pearls PACL India Limited, Old Office, SCO No.10,11 &12 Near Hotel Hotchop, Kaula Park, 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 Mahesh Satija 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.             Sanjeev Kumar, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OP No.1, he opened an account bearing registration no. U107102783 of Rs.11,375/-YLY on 24.02.2009 for five years 6 months which was to be matured on 24.08.2014. After the expiry of policy, the complainant had submitted all the original documents to OP No.1 under acknowledgement dated 21.08.2014 but he had not received 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 payment of Rs.90920/- along with interest @18% from the date of maturity till realization of entire amount,   

ii)     OPs be directed to pay to the complainant a sum of Rs.4000/- as compensation   on account of mental agony, harassment and to pay Rs.5000/- as litigation expenses and  counsel fee.

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 allot 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 alleged amount as an advance land consideration. It is submitted that OP 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 OP.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OPs have tendered documents 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.11375/- yearly with OP No.1 for the period of five years and six months and OPs had to repay the amount to the complainant after maturity period to the tune of Rs.90920/- as per document Ex.C-2 on record. The complainant has also stated that on 21.08.2014 he submitted all documents 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 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 document has been produced by the OPs showing that they have purchased any land for allotment to the complainant.  However, the OPs have stated that  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 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.90920/-to the complainant along with interest @9% per annum from the date of filing of the complaint till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- as  compensation on account of mental pain and harassment.  We also order the Ops to pay to the complainant an amount 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.

September 3, 2015.

 

 

 

 

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

Member                    Member                       President

 

 

BBS/-