Punjab

Ludhiana

CC/19/509

Lakhwinder Kaur - Complainant(s)

Versus

Sahara India Real Estate - Opp.Party(s)

Rachpal singh Adv.

11 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 509 dated 01.11.2019                                                         Date of decision: 11.02.2021

Lakhwinder Kaur aged about 53 years wife of Sh.Charanjit Singh resident of House No.B-33/1026, Street No.5-1/2, Near Khazur Chownk, New Ashok Nagar-C, Ludhiana.                                                                                                                                                                            ..…Complainant

                                                Versus

1.Sahara India Real Estate Corporation Limited, Command & Regd. Office: Sahara India Bhawan-1, Kapurthala Complex, Lucknow-226024, through its M.D./Director/Authorized Representative.

2.Sahara India Real Estate Corporation Limited, Gangadeep Colony, Street No.2, Main Road, Jodhewal Basti, Ludhiana (Franchisee Incharge) Narul Haque.                                                                                                                                                                                                 …..Opposite parties

Complaint under Section 12 of Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         In person along with counsel Sh.Rachhpal

Singh, Advocate

For OPs                         :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                This complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by the above named complainant on the allegations that she deposited a sum of Rs.5000/- with the OPs against document No.358001683699 dated 08.10.2008 in account No.60642500736 and receipt No.60640834934. As per the said document, the complainant was to get a sum of Rs.15,530/- as maturity value on 07.10.2018. After the document/policy matured on 07.10.2018, the complainant approached the OPs several times but they did not release the matured amount to the complainant. This amounts to deficiency in service and unfair trade practice on the part of the OPs. In the end, it has been requested that the OPs be directed to pay the matured amount along with interest @12% per annum. The complainant has further requested for a compensation of Rs.50,000/- and litigation expenses of Rs.15,000/-.

2.                Upon notice of the complaint, none appeared on behalf of the OPs despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted her affidavit Ex.CA along with documents Annexure-C1 to Annexure-C5.

4.                We have heard the counsel for the complainant and have gone through the record on file very carefully.

5.                It is the case of the complainant that she deposited a sum of Rs.5000/- with the OPs vide documents, photocopies of which have been placed on record as annexure-C1 and annexure-C2. As per annexure-C2, the maturity amount of the deposit was Rs.15,530/- and date of redemption was 07.10.2018. It is in evidence that after the deposit matured on 07.10.2018, the complainant asked the OPs to release the amount, but the same was not released. This amounts to deficiency in service on the part of OPs. Even otherwise, the OPs have not come present to contest the case and have been proceeded against ex-parte and all the allegations levelled in the complaint have not been rebutted. Therefore, on the unrebutted evidence placed on record by the complainant, this Commission has no hesitation in holding that the OPs are liable to pay the amount of Rs.15,530/- to the complainant along with interest @8% per annum from 07.10.2018 till the date of actual payment. Complainant is further held entitled to a sum of Rs.5000/- as compensation and Rs.2000/- as litigation expenses.

6.                As a result of above discussion, the complaint is allowed ex-parte with an order that OPs are jointly and severally held liable to pay a sum of Rs.15,530/- to the complainant along with interest @8% per annum from 07.08.2018 till the date of actual payment. The OPs are further held liable to pay a compensation of Rs.5,000/- (Rupees Five Thousand only) to complainant and Rs.2,000/-(Rupees Two Thousand only) as litigation expenses. The aforesaid amounts should be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

                           (Jyotsna Thatai)                                             (K.K.Kareer)

                    Member                                            President

Announced in Open Commission.

Dated:11.02.2021.

Gurpreet Sharma