Punjab

Sangrur

CC/240/2018

Birdevinder Singh Randhawa - Complainant(s)

Versus

Siswan Paradise Private Limited - Opp.Party(s)

Sh.Harpreet Singh Shally

28 Jan 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                                                                                 Complaint no. 240                                                                                                                                                                                               Instituted on: 15.05.2018                                       

                                                                                                                                Decided on:    28.01.2019

 

1.    Birdevinder Singh Randhawa son of  Late. Sh. Tejinder Singh Randhawa son of Sh. Babu Singh resident of 2B/28, MK Bypass, Dhuri Tehsil Dhuri, District Sangrur.

 

2.    Hardevinder Singh Randhawa son of Late Sh. Tejinder Singh Randhawa through his power of attorney Birdevinder Singh resident of 2B/28, MK Bypass, Dhuri Tehsil Dhuri, District Sangrur.

               

                                                …. Complainants   

                                Versus

 

1.    Siswan Paradise Private Limited, SCO 28-30, 2nd Floor, Sector 9-D, Madhya Marg Chandigarh, through its  Managing Director.

 

2.    Emerging India Real Assets Private Limited Head Office: SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director.

                                          ….Opposite parties.

 

 

FOR THE COMPLAINANT  :         Shri Harpreet Singh Shally Advocate                        

 

FOR THE OPP. PARTIES     :   Exparte

 

Quorum

                            

Vinod Kumar Gulati,  Presiding Member

Manisha, Member

 

ORDER:    Vinod Kumar Gulati, Presiding Member

 

1.             Birdevinder Singh and Hardevinder Singh, complainants have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that their father Tejinder Singh Randhawa deposited an amount of Rs.Nine Lacs against the application no.SSWP984 in the project known as Siswan Paradise vide receipt no.717 dated 27.12.2012 of Rs.3,98,000/-, receipt number 243 dated 19.03.2013 of Rs.5,02,000/-  and also deposited Rs.35000/-  in the bank account of OP no.1 on 23.04.2013 and as such they deposited Rs.9,35,000/-  with the OPs.   As per terms and conditions of the company Mr. Tejinder Singh Randhawa is entitled to get the amount invested  alongwith interest @10%  per annum compounded interest and he was also entitled to get H,70,000/- " after three years but after the completion of three years till today no amount was returned  by the OPs. Tejinder Singh Randhawa  had since been died on 05.11.2017 and complainants being  the legal heirs/ sons of deceased Tejinder Singh Randhawa are entitled to get the amount of Rs.11,70,000/- plus Rs.35000/- alongwith interest @10% per annum from the OPs. The company has also issued payment confirmation letter dated 03.11.2015.  Father of the complainants Mr. Tejinder Singh Randhawa also filed an application dated 12.09.2016 to the SSP Sangrur for taking action against the OPs but all in vain.  After the death of the father of the complainants they also approached the OPs to release the maturity amount but the OPs put off the matter on one pretext or the other and flatly refused to release the amount. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

1. OPs be directed to release the amount of Rs.12,05,000/-alongwith upto date compounding interest @10% per annum from the date of maturity till realization,
2. OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment and litigation expenses.

 

2.                  The OPs did not appear despite service  and as such they were proceeded exparte.

 

3.                  The complainant has tendered documents Ex.C-1 to Ex.C-11and closed evidence. Learned counsel for the complainant has also submitted written arguments.  

 

4.                  It is admitted fact that the complainant deposited Rs. 3,98,000/- on 27-12-2012,  Rs. 5,02,000/- on 29-03-2013 and Rs. 35,000/- on 23-04-2012 with the OPs and vide Ex.C-5, OPs informed that the complainants would be allotted Cottage Farm House vide draw held on14.07. 2012. Further in Ex.C-6, it has been clearly mentioned that " In case a person does not want to take the possession. He is entitled to take back the principle amount along with the interest computed at 10% per annum" . Also, two number Plans namely A and B have been mentioned as per which Buy Back amount was to be returned to the complainants in case they did not want to take the possession of the allotted Cottage Farm House. As per the figure mentioned in the above tables, the complainants, as per the plot size allotted fall under the plan B. Perusal of the documents placed on the record by the complainants, it has been found that the complainants did not submit any document pertaining to the option exercised by them either to take the possession of the Cottage Farm House or get Buy Back amount mentioned in table. Now the complainants in their complaint have pleaded that they are entitled for refund of an amount of Rs. 12,05,000/- along with up to date compounding interest @ 10% per annum from the date of maturity till realization. The complainants after the gap of about six years cannot unilaterally ask the OPs to return their monies with interest as mentioned in the complaint. As such, view of  no option given by the complainants or their father at the time of allotment of the Cottage Farm House, in 6/2012 the complainants are not entitled to claim the amount mentioned in their complaint.

5.                  In the sequel of the above discussion,  we see no deficiency in service on the part of the OPs and the complaint merits dismissal  and is hereby dismissed on the aforesaid ground with no order as to costs. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.  

 

                Announced.

                                        January 28,2019

 

                             ( Manisha )                ( Vinod Kumar Gulati)      

                               Member                   Presiding Member