DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.529 of 2016
Date of institution: 16.09.2016 Date of decision : 26.10.2017
Rajiv Narula son of Ajit Singh Narula, resident of House No.428, Sector 7, Panchkula (Haryana).
……..Complainant
Versus
1. U.K. Colonisers and Developers (Pvt. Ltd.), through its Managing Director Shri Uday Raj Singh Brar.
Site Office: Capital Green, Patiala-Zirakpur Highway VPO Karala, Banur, District Mohali, Punjab.
2. Shri Uday Raj Brar, MD UK Colonisers and Developers (Pvt. Ltd.), Resident of H.No.30, Mahindra Complex, Patiala 147001.
3. Smt. Sarabjit Kaur, Director UK Colonisers and Developers (Pvt. Ltd.), Resident of H.No.30, Mahindra Complex, Patiala 147001.
4. Sh. Karandeep Singh Dhillon, Director, UK Colonisers and Developers (Pvt. Ltd.), SCO No.68-69-70, Level-4, Sector 17-C, Chandigarh.
………. Opposite Parties
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Mrs. Natasha Chopra, Member.
Present: Shri S.C. Madan, counsel for Complainant.
OPs Ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Rajiv Narula Sharma has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The OPs started receiving/accepting investments/deposits from the general public/people by offering handsome returns. The OPs allured the public that the amount would be invested in housing project and handsome returns will be made to them apart from allotting them the housing unit site. The complainant also deposited Rs.1,00,000/- with the OP by way of two deposits on 30.11.2013 and 28.12.2013 for Rs.40,000/- and Rs.60,000/- respectively for which Assured Returns Certificate were issued to him. The complainant on maturity on 30.11.2015 and 28.12.2015 approached the OP for payment of deposits which amounted to Rs.1,30,000/- as per the Assured Returns Certificates. The complainant came to know that the office of the OPs was closed. The complainant also tried to contact the Managing Director and other Directors of the company but all in vain. The complainant also visited the corporate office of the OP which was also found closed. Having failed to receive the payment of Rs.1,30,000/- the complainant got served a legal notice to the OPs on 20.08.2016 but the OPs have failed to respond to the legal notices. Hence the complainant has sought direction to the OPs to pay him the maturity amount of Rs.1,30,000/- alongwith interest @ 15% per annum from the maturity date of each deposits till realisation; to pay him Rs.25,000/- as compensation for mental agony and harassment and Rs.15,000/- as litigation expenses.
3. The notice sent to OP No.2 and 3 received with the report of postal authority that they have left the address and qua No.4 no such person and no office is there. The OPs were then summoned through publication but none appeared for them. Hence, the OPs were proceeded against ex-parte vide order dated 05.05.2017.
4. In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex.CW-1/1; copies of pamphlet Ex.C-1; assured return certificate Ex.C-2 and C-3; legal notice Ex.C-4 and postal receipt Ex.C-5.
5. The learned counsel for the complainant has submitted on the allurement of the OPs, the complainant has made payment of two deposits for Rs.40,000/- and Rs.60,000/- on 30.11.2013 and 28.12.2013 respectively for which Assured Returns Certificate were issued to him. The learned counsel has argued that when on maturity on 30.11.2015 and 28.12.2015 the complainant approached the OPs for payment he found that the offices of the OPs were closed down. This act of the OPs shows that they have committed deficiency in service and unfair trade practice for which the complainant has suffered mental agony and harassment.
6. We have given thoughtful consideration to the submissions of the complainant. The whole purpose of pleadings is to give fair notice to each party of what the opponent’s case is and to ascertain with precision the point(s) on which the parties argue and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. The OPs have not appeared despite publication through newspaper. This shows that they have nothing to say with regard to the averments of the complaint.
7. Accordingly, in view of our aforesaid discussion, we direct the OPs to pay to the complainant maturity amount of Rs.1,30,000/- alongwith interest @ 9% per annum from the maturity date of each deposits till realisation. We also find that complainant is entitled to a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OPs and litigation cost. The present complaint stands allowed.
The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 9% per annum from the date of this order till realisation.
The order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 26.10.2017
(A.P.S.Rajput)
President
(Mrs. Natasha Chopra)
Member
