By Shri. M.P.Chandrakumar, Member :
The complainant, in this case is represented by his brother, by a Power of Attorney executed by the complainant, since he is abroad. The opposite parties promoted a scheme called PEARL SCHEME, which Promised Land in Rajastan and other benefits such that if a person paid a yearly installment, they will get land on the collected amount with bonus, after a stipulated time. The complainant had joined a pearl scheme for a sum of Rs.3, 85,000/- to be paid by an annual installment of Rs.40,630/-. The document no was ZRA 7164062 dated 29-09-2010, CSC code was 145 and CSS now as F0157. The complainant had remitted all installments. The returns were due on 29-09-16. However, the company failed to pay the amounts promised to be paid on 29-09-16 and thus caused a monetary loss of Rs.3, 85,000/- to the complainant. The complainant therefore sent a lawyer notice dated 7-02-17, to the opposite parties. But no reply was received. Since the action on the part of the opposite parties amounts to deficiency of service, the complaint filed with prayers to direct the opposite party to pay Rs.3,85,000/- with 12% interest. In addition to compensation and cost.
2) The opposite parties remained ex-parte. The complainant has filed proof affidavit and evidences marked as Exts. P1 to P3. Ext. P1 is the Power of Attorney; Ext. P2 is the original agreement / registration letter No. ZRA 7164062 issued by the opposite parties dated 29-09-10; Ext. P3 is the copy of lawyer notice dated 27-02-17. There is no evidence to the contrary.
3) The Forum has verified the entire documents produced by the complainant. As per the complaint, it is seen that the complainant has claimed that the opposite party is to pay him Rs.3, 85,000/- as on the date of maturity, being 29-09-16. In support of this, he has produced as evidence, Ext. P2 agreement / registration letter. However, as per Ext. P2 document, it is mentioned that the above amount is only the approximate expected value of land at the end of the agreement date being 29-09-16 and not the amount promised to be paid by the opposite party. The complainant has not produced any other document to prove the actual amount promised to him by the opposite party, at the end of the agreement. As such, the Forum is not in a position to accept this argument of the complainant. However, the proof affidavit mentions that the complainant has paid the entire six installments of Rs.40,630/- per installment, the total amount being Rs.2,43,780/-. In the absence of contra evidence, we are bound to believe that the complainant has remitted all the six installments.
In the result, the complaint is allowed. The opposite party company is directed to pay an amount of Rs.2,43,780/- (Rupees Two lakh forty three thousand seven hundred and eighty only) with 12% interest from 21-07-17, the date of filing of the complaint, in addition to Rs.5,000/- (Rupees Five thousand only) towards compensation and cost, within a month of the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of November 2017.
