Haryana

Panchkula

CC/8/2021

RAJINDER SINGH. - Complainant(s)

Versus

SARVOTAM HI-TECH INFRA DEVELOPERS LTD. - Opp.Party(s)

IN PERSON.

08 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	08 of 2021
Date of Institution	:	07.01.2021
Date of Decision	:	08.02.2023

 

 

Rajinder Singh son of Shri Karam Singh, resident of House No.1, HUDA Staff, Near Tube Well, Q 24, Tehsil and District Panchkula.

 

                                                                           ….Complainant

Versus

1.     Sarvotam Hi-Tech Infra Developers Ltd. H.O.1-2, Deep Complex,       IInd Floor, Court Road, Amritsar(Punjab), through its Managing         Director Gurpreet Singh.

        2^nd Address: SCO No.833/8, LIC Road, Sector-17, Kurukshetra

        3^rd Address: SCO No.7, Purshotam Garden, Kunjpura Road,       Mughal Canal, Link Road, Near Jindal Skin Hospital, Karnal-  132001

2.     Gurpreet Singh son of Shri Gurcharan Singh, Managing Director,        Sarvotam Hit-Tech Infra Developers Ltd. H.O.1-2, Deep Complex,         IInd Floor, Court Road, Amritsar(Punjab)

3.     Malook Singh, son of Shri Charan Singh, CMD, Sarvotam Hi-Tech       Infra Developers Ltd., H.O.1-2, Deep Complex, IInd Floor, Court        Road, Amritsar(Punjab)         

4.       Gurdarshan Singh, Manager, Sarvotam Hi-Tech Infra Developers        Ltd., SCO No.7, Purshotam Garden, Kunjpura Road, Mughal     Canal, Link Road, Near Jindal Skin Hospital Karnal-132001                                                                                                                                                                                                                   ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh. Satpal, President.

                        Dr. Pawan Kumar Saini, Member

Dr. Sushma Garg, Member

 

 

For the Parties:   Complainant in person.

                        OPs No.1 to 3 already ex-parte vide order dated 30.09.2021.

                        OP No.4 already ex-parte vide order dated 09.04.2021.

                         

                                        ORDER

(Per Satpal, President)

1.             Briefly stated, the facts of the present case are that the official of OP No.1 contacted the complainant in second week of April 2020 and allured him to invest in a half yearly deposit scheme for six years. It was assured that the amount so deposited would become double on its maturity i.e. 21.04.2020. On basis of allurement made by the OP No.1, the complainant deposited a sum of Rs.11,400/- vide registration no.HR00023846 against the plan and term, namely, RI-T007/6 years, with date of commencement as 21.04.2014 and date of last installment was on 21.10.2019. It is stated that the officials of OP No.1 used to visit the residence of the complainant for collecting the half yearly premium of Rs.11,400/- since the commencement of the said policy till the last premium of the policy i.e.21.10.2019. The complainant never defaulted or delayed qua the payment of installment. The said policy/plan had matured on 21.04.2020. The complainant had deposited a total sum of Rs.1,36,800/- with the OPs in the said plan. The date of maturity was 21.04.2020 but due to Covid-19 situation, the complainant could not contact the OPs. After relaxation in the lock-down, he(complainant) visited the OPs in the month of August, 2020 and requested them to make the payment of maturity amount in his saving account but the OPs lingered the matter on one pretext or the other assuring him about the making of the maturity amount in the first week of November, 2020. It is stated that the OPs have not released the payment of maturity amount till the last week of November 2020. A legal notice was sent to the OPs on 22.12.2020 but the same yielded no positive results.  Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notices were issued to the OPs No.1 to 4 through registered post, which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 to 4; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 to 4, they were proceeded ex-parte by this Commission vide its order dated 30.09.2021 & 09.04.2021 respectively.

3.             To prove the case, the complainant has tendered his affidavit as Annexure C-A along with documents i.e. Annexure C-1 to C-12 in evidence and closed his evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on the file, minutely and carefully.

5.              During arguments, the complainant reiterating the averments made in the complaint as also in his affidavit Annexure C-A contended that a sum of Rs.1,36,800/- was paid by him in the plan and term, namely, R1-T007/6 years floated by the OPs. It is contended that the Ops have avoided to make the payment of maturity amount despite several requests made by the complainant which was followed by legal notice dated 22.12.2020 and thus, prayer has been made  for acceptance of the complainant by granting the relief as claimed for in the complaint.

6.             The OP No.1 to 4 have preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, they were proceeded ex-parte vide order dated 30.09.2021 & 09.04.2021 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, a sum of Rs.11,400/- was deposited by the complainant in the plan and term, namely, RT-T007/6 on half yearly basis for six years vide several receipts i.e. Annexure C-1 to C-12. As per said receipts (Annexure C-1 to C-12) a total sum of Rs.1,36,800/- was deposited by the complainant in the said scheme. As per receipt Annexure C-12, it is evident that it was the last installment, which was paid by the complainant. The deficiency on the part of the Ops is crystal clear from the fact that payment of maturity amount has not been made to the complainant despite his several requests followed by the legal notice dated 22.12.2020. Moreover, the OPs have preferred not to contest the present complaint for the reasons best known to them; therefore, the complainant is entitled to relief.

8.             Coming to the relief, the complainant has claimed that he is entitled to the payment of sum of Rs.2,37,600/- i.e. maturity amount along with interest @18% per annum. As per unrebutted contentions of the complainant, he was assured that the deposited amount would get doubled on its maturity and thus, the deposit sum i.e. Rs.1,36,800/- has become Rs.2,73,600/- on its maturity.

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs No.1 to 3:-

1. To pay a sum of Rs.2,73,600/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization. 
2. To pay a lump sum amount of Rs.7,000/- to the complainant on account of mental agony, harassment and litigation charges.

10.            The OPs No.1 to 3 shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs No.1 to 3 failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on: 08.02.2023

 

 

 

        Dr.Sushma Garg         Dr.Pawan Kumar Saini          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President