Punjab

Sangrur

CC/665/2014

Melo Kaur - Complainant(s)

Versus

PACL Ltd. - Opp.Party(s)

Shri Kali Ram Garg

22 Jun 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

                                                                    Complaint no. 665

                                                                    Instituted on:  26.12.2014

                                                                   Decided on:    22.06.2015

 

Melo Kaur  W/o Malkiat Singh resident of Chathe Shekhwan Tehsil and District Sangrur.

                                                        …. Complainant.      

                                         Versus

 

1.     PACL India Ltd. through its Managing Director, Regd. Office 22, 3^rd Floor, Amber Tower, Sansar Chand Road, Jaipur-302004.

2.     PACL India Limited, Corporate Office, 7^th Floor, Gopaldas Bhawan, 28, Barakhamba Road, New Delhi-110001.

3.     Branch Manager, PACL IndIa Limited, Branch Office Sangrur, Opposite Guga Mairi, Outside Dhuri Gate, Sangrur-148001.

             ….Opposite parties.

 

FOR THE COMPLAINANT:    Shri Kali Ram Garg , 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.             Melo Kaur, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on the request of OPs, she opened an account under Installment Payment Plan bearing no. U107077690 on 14.07.2008 and had been depositing Rs.467/- quarterly for five years and six months. The OPs agreed to pay an amount of Rs.14547/- on maturity of the account. Thereafter on maturity, the complainant submitted all the documents to the OPs in the month of November 2013 as the maturity date was 14.01.2014, but the OPs did not pay the due amount despite lapse of sufficient period.  The complainant also approached the OPs so many times, but all in vain. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OPs be directed to make the payment of Rs.14547/- along with interest @18% per annum w.e.f. 14.01.2014 till payment,   

ii)     OPs be directed to pay to the complainant a sum of Rs.10,000/- on account of  compensation  for mental agony, harassment 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 alloted 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 for purchase of land unit. It is also submitted that due to the dispute with SEBI the account of the company has been  freezed by CBI  and due to this reason  OP is unable to release the advance land consideration amount to the complainant.

3.             In support of his case, the complainant has tendered documents Ex.C-1 to Ex.C-21 and closed evidence. On the other hand, OPs have tendered documents Ex.OP-1 to Ex.OP-3 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 acceptance, 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 U107077690 by depositing an amount of Rs.467/- quarterly from July 2008  to January 2014 and in turn the OPs agreed to pay Rs.14547/- on maturity date i.e. 14.01.2014 as is evident from the document i.e. renewal subscription receipt, which is on record as Ex.C-19 and the complainant has further stated that he submitted all the required documents  with the OPs, but the 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 and development of agriculture land/plot across  the country and allot the land to the customer 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 unit to the answering respondent. This 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 to show that they have purchased any land for allotment to the complainant. Further, the OP has produced on record copy of letter of the bank of Baroda Ex.OP-2 in which two current 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 due amount as agreed between the parties.

 

7.             So, in view of our above discussion, we allow the complaint of the complainant and direct the OPs to make the payment of Rs.14547/- to the complainant along with interest @ 9% per annum from the due date of filing of complaint till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- being consolidated amount of compensation.

8.             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.

 

                June 22, 2015

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

 

                                                           (K.C.Sharma)

                                                                Member

 

 

                                                            (Sarita Garg)

                                                                Member