Punjab

Sangrur

CC/54/2015

Sukhwinder Singh - Complainant(s)

Versus

PACL Ltd. - Opp.Party(s)

Shri Hatinder Prashar

03 Jun 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                     Complaint no. 54

                                                                     Instituted on:  04.02.2015

                                                                     Decided on:    03.06.2015

 

Sukhwinder Singh son of Hari Singh resident of  H.No.535, Village Ealwal, Tehsil and District Sangrur.                                                                               …. Complainant.      

                                         Versus

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

             ….Opposite party.

 

FOR THE COMPLAINANT:    Shri Hatinder Prashar, Advocate                          

 

FOR THE OPP. PARTY     :     Shri Naresh Juneja, Advocate                     

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                                   

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Sukhwinder Singh, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that on the request of OP, he opened an account bearing no. U107171602 for Rs.735/- per month with OP for six years. The complainant deposited total 46 installments.  The complainant requested the OPs so many times to return the money because  his family circumstances was not good and he was in urgent need of the amount but OP failed to do so. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to make the payment of Rs.33810/- along with interest @12% per annum till payment,  

ii)     OPs be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment and to pay Rs.2200/- as litigation expenses and also to pay Rs.5500/- as 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, deposit of amount for purchasing the land by the complainant is admitted.  It is submitted that the OP did not receive any deposit from the complainant and the amount received from the complainant is an advance consideration for purchase of land/plot and the same is received. It is further submitted that due to dispute with SEBI, the account of the OP has been freezed by CBI  due to which they are unable to release the amount to the complainant.  Thus, there is no deficiency in service on the part of the OPs.

3.             The complainant has tendered documents Ex.C-1 and Ex.C-7 and closed evidence. On the other hand, OP has tendered document Ex.OP-1 to Ex.OP-2 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant opened an account bearing no. U107171602 for Rs.735/- per month for six years.    The complainant’s specific case is that  due to some family problem he could not deposit  the amount  of total installments and he deposited 46 installments . Thereafter he requested the OP so many times to return the deposited amount with interest but OP has failed to do so. On the other hand, learned counsel for the OP has argued that  the complainant deposited the alleged amount with the OP purchasing the land. The 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 OP is that the complainant had deposited the said amount for purchasing the land to the answering respondent. The arguments of the learned counsel for the OP is not tenable because no such agreement as stated by the learned counsel for the OP has been placed on record. Further, no document has been produced by the OP that they have purchased any land for allotment to the complainant.  However, 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 OP had been freezed by the Central Bureau of Investigation, New Delhi, but we feel that with the freeze of accounts, the OP cannot escape from their liability and same still stands. As such, OP is 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 OP to make the payment of Rs.33810/-to the complainant along with interest @ 9% per annum from the date of filing of the complaint till realization. We further order the OP to pay to the complainant a sum of Rs.3000/- being consolidated amount of compensation. 

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

                June 3, 2015

 

 

 

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

Member                 Member                          President

 

 

BBS/-

 

 

 

 

 

 

                         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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