DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                   Complaint no. 216                                                                                        

                                                                   Instituted on:  16.05.2017

                                                                   Decided on:    10.08.2017

Jagsir Singh son of Darshan Singh resident of village Kahangrh, District Mansa.    

                                                …. Complainant.      

Versus

1.       Singhland Real  Estates  and Infratek Limited  210, 2nd Floor, Sial complex upon HDFC Bank, Ludhiana through its MD/Director.

2.       Singhland Group of Companies, 36 Maharaja Ranjit Singh Market, Uppali Road, Sangrur through its Branch Manager.

        ….Opposite parties.

FOR THE COMPLAINANT:        Ms. Narinder Kaur  Advocate                          

FOR THE OPP. PARTIES  :         Shri J.S.Dhiman, Advocate         

Quorum

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

ORDER:  

Sukhpal Singh Gill, President

1.             Jagsir Singh complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he obtained  RPP policy bearing registration number SNG/00019 dated 22.06.2012 for an amount of Rs.72000/-. After getting the policy, the complainant paid seven installments of Rs.6100/- each and paid total amount of Rs.42700/-. Thereafter he met with an accident  due to which he could not deposit the balance installments. then the complainant submitted the requisite documents for releasing the amount  and OPs issued acknowledgement dated 13.07.2016. The complainant requested the OPs to release the deposited amount  but OPs failed to pay the same till today. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to release  deposited amount of Rs.42700/-  alongwith interest @18% per annum from 22.06.2012 till final realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.5500/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.3500/- as litigation expenses.

2.             In reply filed by the OPs, it is denied that the complainant obtained RPP policy from OPs and when the complainant has not obtained any RPP policy  then the question of paying Rs.6100/- per month with OPs  does not arise. When the OPs have not issued any policy to the complainant the  question of surrendering the same with the OPs does not arise. 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-8 and closed evidence. On the other hand, OPs have tendered an affidavit Ex.OPs/1 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, he obtained  RPP policy bearing registration number SNG/00019 dated 22.06.2012 for an amount of Rs.72000/- which is Ex.C-2 on record. After getting the policy, the complainant paid seven installments of Rs.6100/- each   and as such he paid total amount of Rs.42700/-. Thereafter he met with an accident  due to which he could not deposit the balance installments. Then the complainant submitted the requisite documents for releasing the amount  and OPs issued acknowledgement dated 13.07.2016 which is Ex.C-4 on record. On the other hand, OPs have totally denied the facts of the complaint. It has been specifically denied by the OPs that the complainant had been depositing  an amount of Rs.6100/- monthly   with them. Further, the OPs have stated that they did not launch any alleged scheme and the OPs  had not issued any RPP policy to the complainant.

5.             The complainant has also produced on record receipt/slip of demand of payment dated 13.08.2016 Ex.C-4 which shows that the complainant has deposited the required documents for release of the payment with the OPs.  The said receipt/ slip is also duly signed by the OPs. But, we failed to understand that when the  copy of  receipt / slip for submission of required documents for release of the payment Ex.C-4 and copy of RPP policy Ex.C-2  issued by the OPs are  on record then on what basis  the OPs have denied all facts regarding deposit of the amount and issuance of any receipt to the complainant. We find that the record/ documents produced on the file clearly show regarding investment of said amount  by the complainant with the OPs.  

6.             For the reasons recorded above, we find that the OPs have totally denied the facts of the complaint whereas evidence produced by the complainant on record fully proves his case. As such, we allow the complaint of the complainant and direct the OPs to make payment of Rs.42700/- to the complainant along with interest @9% per annum from the date of filing of complaint till realization. We further order the OPs to pay to the complainant a sum of Rs.5000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1100/- as litigation expenses.

7.             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

                August 10, 2017

( Vinod Kumar Gulati )  ( Sarita Garg)     (Sukhpal Singh Gill)                                                                                                                                    Member                    Member                            President