Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
25th day of January 2023
CC 128/19 filed on 01/03/2019
Complainants : Nithin K Satheesan, S/o Satheesan, Karanath House,
Chembukavu Village, Chembukavu Temple Road,
Krishnapuram, Ollikkara P.O., Thrissur – 680 655.
(By Adv. A.Y. Khalid, Thrissur)
Opposite Parties : 1) PACL India Ltd., Reg. Office 22, 3rd Floor,
Amber Tower, Sansar Chand Road, Jaipur – 302 004.
Rep. by Managing Director, Gurmeet Sing.
2) PACL India Ltd. Corporate Office, 7th Floor,
Gopaldas Bhavan, 28 Barakhamba Road,
New Delhi – 110 001.
Rep. by Chairman Nirmal Sing Bangoo.
3) PACL India Ltd., 3rd Floor, D.P. Plaza, Nr. Hotel,
Kokkalai, Thrissur – 680 021.
Rep. by Branch Manager.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The 1st opposite party is a real estate company doing finance investments Scheme in land plots registered at Jaipur, having Corporate Office at New Delhi and branch office at Thrissur District, Kerala. The 1st opposite party started a scheme of booking for the plots on instalment payment. The complainant purchased two plots through the 3rd opposite party branch, one plot with Reg. No. 0145578345 and another plot with Reg. No.0145578346. The complainant paid Rs.37,500/- for each plot. Both the plots were of 750 Sq. Ft. each. The opposite parties issued Certificate No.3040169 & 3040170 dtd.30/12/2009 respectively for each plot. The period for payment of instalment commenced on 30/12/09 and expired on 30/06/2015. The date of payment of the monthly instalment of each plot was fixed as on 30th day of each month. At the time of joining the scheme the opposite parties had promised the complainant that after the expiry date of 30/06/15 the complainant will be getting the possession over the two plots. The opposite parties also assured that by the time when the agreement expires the expected value of each plot will come to around Rs.54,600/-. Fascinated by the advertisements given by the opposite parties the complainant joined the scheme. The complainant had paid 59 instalments for each plot till 30/11/15. The amount will come to Rs.70,800/- in total. All instalments are collected through a collection agent up to 59th instalment by the opposite parties. Afterwards they have stopped the collection from the complainant after 30/11/15. The complainant was canvased by the opposite parties by offering attractive promises. As they have failed to comply the agreement as per the offer made by them at the time of joining the scheme, the complainant approached the opposite parties to get back the amount actually invested by him. Whereas they were prolonging the matter by saying some or other reasons and evaded from the payment of the money. Hence this complaint is filed for getting relief.
2) On receiving complaint notice was issued to all the opposite parties whereas the opposite parties neither appeared before the Commission nor submitted any version. Hence proceedings against the opposite parties were set ex-parte and the case is posted for complainant’s evidence.
3) When the case came for evidence from the side of the complainant he has appeared before the Commission and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 5 documents which are marked as Exts. P1 to P5. Ext. P1 series (19 in NOs) are the copy of Renewal Subscription Receipt of PACL India Ltd. from 30/03/2010 to 17/01/2014. Ext. P2 is the copy of Receipt of PACL India Ltd. Reg. No. U145578345 dtd. 08/07/215. Ext. P3 is the copy of Receipt of PACL India Ltd. Reg. No. U145578346 dtd. 08/07/2015. Ext. P4 is the copy of Registration Letter NO. AD06B 3040169 dtd. 30/12/2009. Ext. P5 is the copy of Registration Letter No. AD06B 3040170 dtd. 30/12/2009.
4) We heard the learned counsel for the complainant in detail. The opposite parties have not cared to appear before the Commission nor filed any version. That itself amounts to their admission about the facts of the complainant. We have gone through the contents of affidavit and perused the documents produced. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. Considering the points discussed here in above, we are of the opinion that the opposite parties have committed deficiency in service as well as unfair trade practice towards the complainant. Hence we are inclined to allow this complaint.
In the result, we allow this complaint and the opposite parties are directed to return Rs.70,800/- (Rupees Seventy thousand and eight hundred only) with 18% interest from 30/12/2009 to the complainant within one month from receiving copy of this order. Since the complainant is sufficiently compensated by allowing interest there is no separate order regarding compensation and costs. The order shall be complied within one month from receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25th day of January 2023.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. P1 series (19 in NOs) are the copy of Renewal Subscription Receipt of
PACL India Ltd. from 30/03/2010 to 17/01/2014.
Ext. P2 copy of Receipt of PACL India Ltd. Reg. No. U145578345 dtd.
08/07/215.
Ext. P3 copy of Receipt of PACL India Ltd. Reg. No. U145578346 dtd.
08/07/2015.
Ext. P4 copy of Registration Letter NO. AD06B 3040169 dtd. 30/12/2009.
Ext. P5 copy of Registration Letter No. AD06B 3040170 dtd. 30/12/2009.
Id/- President
