IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January, 2017
Filed on 13.11.2015
Present
- Smt. Elizabeth George (President)
2.Smt.Jasmine.D. (Member)
in
C.C.No.333/2015
between
Complainant:- Opposite Parties:-
Sri. Bharat Yadav 1. PCAL India Limited
Lexmi Nivas, Mullackal 22, 3rd Floor, Amber Tower
Oppo. Prabhath Books Sansar Chand Road
Alappuzha – 688 011 Jaippur – 302 004
(By Adv. P.S. Anaghan)
2. Sri. Raju (Jyothi Ram)
Ram Chand, Suryavasnshi
Rahul Nivas, Mullackal, Alappuzha
4 Sri. Dhahnaj Jadav, D.J. Jewelry
Palace Road, Kottayam
(By Adv. Aravindakshan – for
opposite parties 1 to 3)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainants is as follows:-
The complainant had taken a policy of the first opposite party through the 2nd opposite party and the policy Nos. are AE07B 4123110, AE07 B 4123111, AE07 B 4123112, AE07 B 4123113. As per the policy he had to remit quarterly an amount of Rs.10,820/- each in 4 policies. Accordingly he had remitted 24 installments. After the expiry of the policy period the 2nd opposite party came to the house of the complainant and had taken the original of policy certificates for allowing the policy amount. So far the complainant had not received the assured amount. Alleging deficiency in service on the part of the opposite parties, the complaint filed.
2. The version of the opposite parties is as follows:-
It is submitted that complaint entered into an agreement bearing registration No. AE07B 4123110, AE07 B 4123111, AE07 B 4123112, AE07 B 4123113 with opposite party for purchase for land/plot and deposited Rs.3,85,000 x 4 = 15,40,000/- only with opposite party according to term and conditions of agreement which was executed between the parties. It is further submitted that opposite party does not receive any deposit from the customer and the amount received from is an advance consideration for purchase of land/plot. Company never promised to pay any money to the complainant what they promised is plot of land and if he is not keen to take his plot in that case they will arrange for sale of his plot and he will receive only estimated party realizable value. It is pertinent to mention here that Central Bureau of Investigation (CBI) has freeze the bank accounts and property/title deeds of the “PACL Ltd.” in case crime No.R.C.BD1/2014/E/004. The opposite party has approached before Hon’ble Delihi High Court against the arbitrary orders of the CBI which is pending for adjudication and matter is fixed for hearing on 7.7.2015 for de-freezing the account. In view of above, it is submitted that the answering opposite party is not able to make payment to its customer and such delay in refund of the complainant is neither intentional nor deliberately but the same is for the reason stated here in above which are beyond the control of answering opposite party. The complainant is fully aware that due to this reason opposite party is not refunding deposited amount, so deficiency of service and cause of action not arises against the opposite party and complainant is not entitled any relief from this Hon’ble Forum. There is no deficiency in service on the part of the opposite party.
3. The complainant was examined as PW1 and the documents produced were marked as Exts.A1 to A3. No oral or documentary evidence adduced from the part of the opposite parties.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainants are entitled to get relief and cost?
5. According to the complainant, he had deposited Rs.10,820/- each in 4 policies for 24 installments with the first opposite party. He further stated that after expiry of the policy period, the 2nd opposite party had taken the original of the policy certificates from the complainant for paying policy amount. Complainant produced the photo copies of the 4 policies and it marked as Ext.A1 series. The main allegation of the complainant is that even though he had remitted 24 installments, he had not received the assured amount. In order to substantiate his allegation, complainant produced the receipts issued by the first opposite party and it marked as Exts.A1 series and A2 series. On perusing Exts.A1series and A2 series, we came to see that the complainant had remitted Rs.10,820/- each in 4 policies. From the documents produced, it is clear that the complainant had remitted Rs.10820/- each in 24 installments. According to the opposite party complainant deposited the amount with opposite party for purchase of land. In the version they admitted that complainant entered into an agreement with the opposite party for purchase of land. They further stated that they never promised to pay any money to the complainant and what they promised is plot of land only. The opposite party failed to produce any document to substantiate their contention. From the evidence on record it is clear that complainant deposited Rs.10,820/- each in 4 policies by 24 installments. Since the opposite party failed to return the amount received from the complainant, they committed deficiency in service.
In the result, complaint is allowed. The opposite parties are directed to return the amount of Rs.10,38,720/- (Rupees ten lakhs thirty eight thousand seven hundred and twenty only) received from the complainant with 9% interest from the date of complaint till realization. Since primary relief is granted no further amount ordered as cost or compensation. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me an pronounced in open Forum on this the 31st day of January, 2017.
Sd/- Smt.Elizabeth George (President)
Sd/- Smt. Jasmine. D. (Member)
Appendix:-
Evidence of the complainant:_
PW1 - Bharat Yadav (Witness)
Ext.A1 series - Receipts (88 Nos.)
Ext.A2 series - Policy certificates (4 Nos.)
Ext.A3 - Bank statement
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
