Order by:

Sh.Amrinder Singh Sidhu, President

1.       The  complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that the agent of opposite parties at Moga contacted him in the year 2009 and then in the year 2013. He represented that opposite party no.1 is working under opposite parties no.2 & 3, being their business branch and rendering banking services by offering various investment schemes including recurring deposit plan. He allured him to invest one time amount in one of the scheme, according to which he has to invest/pay one time and he will get the mature amount after 7 years from the date of investment and in order to secure the investment/maturity amount opposite parties shall book/register a plot and on the maturity of plan, he shall have option to get maturity amount on deposit of registration certificate-cum-payment slip-cum acceptance letter. Being allured by the scheme and inducement made by agent of opposite parties, the complainant agreed to make one time investment in the said scheme and on 08.08.2009 complainant make one time investment of Rs.30,000/- in the proposed scheme with maturity amount of Rs.68,420/- after 7 years from the date of investment and in order to secure the above said investment/maturity amount opposite parties shall also book/register a plot measuring 600 sq. yards. Agent of the opposite parties obtained the thumb impression of complainant on various blank printed forms/bank papers without explaining him contents thereof and thereafter opposite parties issued him registration certificate vide registration no.U083038690 under payment plan no.C3 for the term of 7 years with maturity date 08.08.2016. Again being allured by above said scheme and inducement made by above said agent of opposite parties, the complainant again agreed to make one time investment in the said scheme in the year 2013 and on 11.04.2013 complainant make one time investment of Rs.2,00,000/- with maturity amount of Rs.4,70,500/-, Rs.50,000/- with maturity amount of Rs.1,14,000/- and Rs.1,00,000/- with maturity amount of Rs.2,28,100/- respectively in said proposed scheme and in order to secure the above said investment/maturity amount opposite parties shall also book/register a plot measuring 1000 sq. yards, 500 sq. yards and 1000 sq. yards respectively. Agent of the opposite parties again obtained the thumb impression of complainant on various blank printed forms/bank papers without explaining him contents thereof and thereafter opposite parties also issued registration certificate vide registration no.U083098584 under payment plan no.C15 and registration certificate vide registration no.U083098585 and U083098586 under payment plan no.C6 for the term of 7 years with maturity date 11.04.2020 respectively. At the time of said investment opposite parties also assured to complainant through above said certificates that above said maturities amount will be pay to complainant and same is also printed on the face of the above said certificate. After the maturity of said investment, complainant continuously demanded his above said amount from opposite parties, but opposite parties lingered on the matter on one pretext or the other. The complainant is entitled to recover the aforesaid amount alongwith interest from opposite parties. The opposite parties were asked many a times to pay the aforesaid amount, but they refused to pay the same. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to release/pay the maturity amount of Rs.68,420/- alongwith interest @ 18% per annum w.e.f 09.08.2016 till the realization with regard to investment made vide payment slip cum registration certificate no.U083038690 under plan no.C3 and further to pay the maturity amount of Rs.8,12,600/- alongwith interest @ 18% per annum w.e.f. 11.04.2020 till the realization with regard to investments made vide payment slip cum registration certificate no.U083098584 under payment plan C15, registration certificate no.U083098585 and U083098586 under plan no.C6.

b)       The amount of Rs.50,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused by the complainant.

c)       The cost of complaint amounting to Rs.5500/- may please be allowed.

d)      And any other relief to which this Hon’ble Consumer Commission, Moga may deem fit be granted in the interest of justice and equity.       

2.       Services of the opposite parties duly affected through publication, but despite that none has come present on behalf of the opposite parties, hence opposite parties were proceeded against exparte. 

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C4 and newspaper Ex.C5 and closed his evidence.     

4.       We have heard the Complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident Opposite Party No.3 is Registered Office whereas Opposite Party No. 2 is Corporate Office of PACL Limited Company and Opposite Party No.1 its franchise office and it use to get deposit  the amount from various consumers through different schemes on interest basis. Opposite Party No.1 is the authorized territory/ sector/ regional as well as franchise office  of Opposite Party No.3 company at Moga. Hence, Opposite Party No.1  is  Incharge  cum Responsible person for acts and deeds of Opposite Party No.3 here at Moga.  The case of the Complainant is   that on the allurement of Opposite Party No. 1, the complainant deposited his hard earned money with Opposite Parties in the shape of recurring deposit plan on interest basis  and on the allurement of the officials of Opposite Party No.1 that the plots of the deposited amount will be allotted and in case of  failure, the deposited amount will be refunded alongwith interest. Further as per the terms and conditions of the deposits, after  completion of seven years, the Opposite Parties have to allot/hand over the plots of the respective size as per the deposit of the amount or to refund the price of the deposited amount alongwith interest. As such, there is relationship of consumer and service provider between the parties as provided under the Consumer Protection Act and  as per the agreed terms  and conditions, the Opposite Parties are  bound to pay the maturity amount alongwith interest as agreed on the hard earned money of the complainant. The complainant made various requests to the Opposite Parties to make the maturity amount alongwith interest, but Opposite Parties have been lingering on the matter on one pretext or the other. Finally, the Opposite Parties have flatly refused to pay any amount to the complainant, as such, the deficiency is allegedly writ large on the part of the Opposite Parties.  So, the Complainant is compelled to file the present complaint before this District Commission. Moreover, as per Section 100 of Consumer Protection Act, 2019 (as amended upto date), the Act not in derogation of any other law – The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. In case titled Associated Road Carriers Ltd. Versus Kamlender Kashyap & Ors reported in I(2008)CPJ-404(NC), it was observed that additional remedy is provided under Section 3 of the Act and jurisdiction of fora is not barred by any other clause/ remedy. That the act of the opposite parties is illegal, unwarranted and uncalled for. Due to non payment of the maturity amount by the Opposite Parties, the complainant suffered a lot on account of mental tension and harassment in the hands of the Opposite Parties. To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of receipts Ex.C2 to Ex.C4. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Parties  did not opt to appear and contest the proceedings.  In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint.  

6.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Parties have adopted unfair trade practice and deficiency in service by not making the maturity amount of the recurring deposits. However, perusal of record shows that complainant has placed on record copies of three receipts only amounting to Rs.2,00,000/- dated 11.04.2013, Rs.50,000/- dated 11.04.2013 and Rs.1,00,000/- dated 11.04.2013 respectively.

7.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against all the Opposite Parties and all the Opposite Parties are jointly or severally directed to make the payment of the amount deposited by the complainant i.e. Rs.3,50,000/- (Rupees Three lakh fifty thousands only) alongwith interest @ 8% per annum from its respective deposit dates till its actual realization to complainant. Compliance of this order be made by the Opposite Parties within 60 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to  get the order enforced through the indulgence of this Commission.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.