DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                          PATIALA.                                              

                                                                                            Consumer Complaint No.348 Dt.04/09/2018                                                                                                                                          Decided on:       03/12/2020

Inderjit Singh s/o Late Sh. Tarlochan Singh r/o 84, Dhillon Colony, Opposite Mohindra College, Patiala, Punjab

…...Complainant

Versus

1.       Emerging India Infra Limited, SCO 46-47, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh 160009, through its Managing Director.

2.         Emerging India Infra Limited, Guru Ravi Dass Market, near Gurudwara Dukh Niwaran Sahib, Patiala through its Manager.

                                                                                               ….Opposite Parties 

                                      Complaint under Section 11 to 14 of the                                                                                                                                                Consumer Protection Act, 1986.  

QUORUM

                                    Sh. Jasjit Singh Bhinder, President                                                                                                                                                          Sh. Vinod Kumar Gulati, Member                        

ARGUED BY:

                                    Sh. P. S. Jaggi Adv. Counsel for complainant.                                                                                                                                        OPs ex-parte.   

 ORDER

                                   JASJIT  SINGH BHINDER, PRESIDENT

 1.                       Inderjit Singh complainant  has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the Opposite Parties namely Emerging India Infra Limited and another (hereinafter referred to as the OPs).

2.                Brief facts of the case is that Opposite parties have advertised a scheme vide which it was assured to give double money to the investors after 6 years and in case after the date of maturity, the money as agreed is not paid, the company will give 400 Sq. Ft. Plot in Village Chak No.32 N.T.M., Tehsil Ramgarh, District Jaisalmer, Rajasthan. Complainant opted the scheme and his claim was accepted vide registration no.SP0020000005 dt. 22/11/2010. Complainant paid Rs.20,000/- i.e. consideration value of the plot on 22/11/2010 and his application no.12871 dt.22/11/2010 was registered and letter of allotment was issued to the complainant vide allotment letter no.RJ/RMG/116-43/07/327 dt.13/7/2011 vide which a plot of 400 Sq. Ft. in Khasra No.116/43 Plot No.327 in Village Chak No.32N.T.M., Tehsil Ramgarh, Distt. Jaisalmer, Rajasthan was allotted. Sale deed was agreed to be executed shortly but no sale deed was execution in favour of the complainant till date.  It is alleged by the complainant that it was agreed upon that in case the sale deed is not exlecuted and plot is not given, the amount of Rs.40,000/- will be paid after 6 years on the maturity date of agreement i.e. 21/11/2016.  Complainant approached the office of OP at Patiala on 31/5/2017 and submitted all the original documents as sought by the OPs. After that on 19/7/2017 complainant approached the OP, who assured that the amount due and payable will be paid in September 2017. Complainant visited Chandigarh Office of the company. On their asking complainant submitted original bond and 2 cancelled cheque with one Gurmukh Singh  employee of the complaint.  Those employees said that the payment of the complainant will be made in the near future i.e. two or four months. Complainant served a legal notice reference no.50/51 dt. 1/8/2018 through Sh. Joginder Singh Jindu Adv. which was received back undelivered with the remarks “Refused” qua OP No.2.

                   With this background of facts, the complainant has filed the present complaint with the prayer for direction to the OPs to refund the amount of Rs.40,000/-  with interest @ 18% p/a/ from the date it became due till realization and to pay Rs.50,000/- to the complainant for causing  mental pain, agony and inconvenience.

3.                          Upon notice, none has appeared on behalf of OPs No.1  & 2.  Consequently OPs were proceeded against ex-parte.  

4.                In support of the complaint, Ld. Counsel for the complainant tendered in evidence Ex.C-1 affidavit of the complainant   alongwith documents Ex.C-2 copy of legal notice, Ex.C-3 copy of postal receipt, Ex.C-4 copy of Investor Certificate, Ex.C-5 copy of allotment of plots, Ex.C-6 copy of General terms and conditions and closed the evidence.

5.                We have heard the ld. Counsel for the complainant and have also gone through the record of the case, carefully.

6.                In support of the complaint complainant has tendered his affidavit Ex.C-1, who has deposed as per his complaint. Ex.c-2 is the  copy of legal notice, Ex.C-3 is copy of postal receipt, Ex.C-4 copy of investor  Certificate, Ex.C-5  Copy of allotment of plots, Ex.C-6 is General Terms and conditions.

7.                As per the complainant of the complainant,  he has  opted the  scheme of the OP and his claim was accepted vide registration No.SP0020000005 dt.22/11/2010 and complainant had paid Rs.20,000/- as consideration value of the plot and his application  No.12871 dt.22/11/2010 was registered and letter of allotment was issued vide which  plot of 400Sq. Ft.  was allotted to the complainant. But no sale deed was  executed in the favour of the complainant and  it was agreed upon between the parties that in case the sale deed is not executed the plot is not given, the amount of Rs.40,000/- will be paid after 6  years on the maturity date of agreement i.e. 21/11/2016.

8.                Till date no amount has been paid, as such complaint of the complainant is allowed and Opposite parties are directed to to refund Rs.40,000/- with interest @ 6 % from 21/11/2016 till date and also to pay Rs.2000/- as costs of the complaint to the complainant. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.   

ANNOUNCED*

Dated: 03/12/2020            

                                       Vinod Kumar Gulati               Jasjit Singh Bhinder                                                                                                                                           Member                          President