PACL INDIA LTD. Vs. SURJA BAI

JUDGEMENT

(1.) THIS appeal is directed against order dated 10.2.2009, passed in complaint case No. 88/08, by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), whereby the appellant herein has been directed to pay Rs. 33,750 along with interest @ 9% p.a. from the date of death of son of the complainant and also Rs. 3,000 by way of compensation and cost of litigation Rs. 1,000.

(2.) FACTS of the case in brief are that son of the complainant Raj Kumar booked a plot and deposited amount under plan 1 -2 of the appellant company PACL India Ltd. As per the plan, the amount was to be deposited in six years in monthly instalments and it was agreed between the parties that in the meantime if the person died then the nominee would get the deposited amount as well as death benefit under the agreement. It has been asserted by the complainant that her son died on 17.11.2007 in a road accident. Intimation regarding this incident was given to the appellant herein and documents were also produced, but no amount was paid then on 7.5.2008 a notice was sent through Advocate along with documents. Even after receiving that notice, when benefits, as per agreement, were not provided to the nominee, then complaint was filed before the District Forum.

(3.) THE appellant herein in the written version has challenged the fact that the respondent/complainant is entitle for getting any benefit under the agreement. It has also been asserted that the appellant herein is a company who deals with Real Estate and is not an Insurance Company, thus it does not provide any service, so no complaint is maintainable before Consumer Forum.