Punjab

Sangrur

CC/618/2014

Vijay Lakshami - Complainant(s)

Versus

PACL Ltd. - Opp.Party(s)

Shri Mohit Verma

05 May 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                      

                                                                    Complaint no. 618                           

                                                                      Instituted on: 12.11.2014

                                                                    Decided on:    05.05.2015

 

Vijay Lakshmi wife of Jawahar Khera resident of 64-B, Nabha Gate, Sangrur, Tehsil and District Sangrur.

                                                        …. Complainant.   

Versus

 

PACL Limited Opposite Guga Marri, Outside Dhuri Gate, Sangrur through Branch Manager.

      ….Opposite party.

 

FOR THE COMPLAINANT:    Shri Mohit Verma, 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.             Vijay Lakshmi, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that she had obtained a policy number U107064665 on 7.4.2008 for the term of six years  and date of maturity  was 7.4.2014. On the maturity date, the complainant deposited policy papers with OP No.2. A period of more than six months has since been elapsed but maturity amount of Rs.1,92,500/- has not been released to the complainant. In this manner, the OP is harassing the complainant who deposited the premiums regularly for six years and the delay in maturity payment, amounts to deficiency in service on their part. 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 maturity amount of Rs.1,92,500/- alongwith  interest @18% per annum from the date of maturity till realization,   

ii)     OP be directed to pay to the complainant a sum of Rs.15000/- as compensation   on account of mental agony, harassment and to pay Rs.15000/- on account of unfair trade practice and deficiency in service,

iii)    OP be directed to pay to the complainant an amount of Rs.5500/- as 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 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 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 to Ex.C-6 and closed evidence. On the other hand, OPs have tendered documents 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 parties, we find that the complainant had obtained a policy for a term of six years from the OPs and had been depositing Rs.1840/- per month in 72 EMIs and on the maturity date i.e. 07.04.2014, the complainant submitted all the required/ relevant documents with the OPs for release of the maturity amount but OPs failed to release the same. 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 to the answering respondent. It has also been admitted by the OPs that the complainant had deposited the alleged amount. The arguments 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 that they have purchased any land for allotment to the complainant.  However, the OPs 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 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 release the maturity amount of Rs.1,92,500/- along with interest @18% 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/- 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.

May5, 2015.

 

 

 

 

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

   Member                    Member                       President

 

 

BBS/-