D.o.F:15/10/20143
D.o.O:20/10/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.239/13
Dated this, the 20th day of October 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
P.V.Kunhambu, Puthiya Veettil,
Near Nandavanam, Muzhakoth, Claikkod, : Complainant
(in person)
1.Branch Manager, Jyothis Collection Centre,
Bankocheri Complex, T.B.Road, Junction , : Opposite parties
Main Road, Kanhangad.
2.Managing Director, Devadhan Lottery Services(DLS),
40/8942 C, 2nd floor, CRH Complex, M.G.Road,
Ernakulam.682035
(Adv.M.Narayanan,Hosdurg)
ORDER
SMT.P.RAMADEVI : PRESIDENT
The complainant in brief is as follows;
Complainant joined the LIS Deepasthabam Project conducted by the opposite parties and subscribed units worth Rs.1250/- in the year 2005. On due date the complainant was entitled to get Rs.2485/- When the LIS project faced some legal problems due to the intervention of govt. authorities the opposite party suggested the complainant to transfer Rs.2000/- to the Jyothis Project which was also conducted by the Ist opposite party and agreed to refund with 100% growth within 50 weeks and further the Ist opposite party undertakes to pay the balance amount of Rs.485/- within 20 days. Complainant agreed the above suggestion of 2nd opposite party and transferred the above amount of Rs.2000/- to Jyothis Project. But on attaining the maturity date opposite party failed to pay the deposited amount as well as the balance amount. The opposite party evaded the payment in one pretext or the other. The opposite party told the complainant that there is a case is pending before the Hon’ble High Court and the property belongs to opposite party are attached by the court and they are ready to pay the amount after the disposal of the case. Believing the words of opposite party the complainant was waiting for the disposal of the case of opposite party but now the complaint came to know that the opposite party is settling the claims of depositors. Hence this complaint is filed for necessary relief.
2. Ist opposite party served notice and appeared through counsel and filed their version. In the version opposite party taken a specific contention that the complaint is barred by limitation. Notice to 1st opposite party returned unserved with an endorsement door closed. Complainant filed memo stating that he is not seeking any relied from 1st opposite party. After filing the version the case was taken up in the adalat as per the written request of opposite party. Most of the cases of similar nature were settled in the adalat and in this case the opposite party told that the complainants deposit is not seen in the computer. But the opposite party have no case that they paid the amount to the complainant. If the computer system of opposite party is defective, who is responsible for?.
Complainant filed proof affidavit and Ext.A1 marked.
3. Here the opposite parties specific contention is that the complaint is barred by limitation. While hearing the complaint it is the specific case of the complainant that till the date of filing the complaint, the complainant approached the opposite parties each and every month and as per the undertaking given by the opposite party he has not filed the complaint earlier. According to complainant last date of promise made by him was in the year 2012 and the cause of action arose in the year 2012 only and the complaint is filed within time.
4. Considering the nature and circumstances of the case we are of the view that the opposite parties might have promised the payment in the year 2012. Moreover they are settling similar case in the adalath. Due to the defect in the computer system of the opposite parties the complainant’s case was not settled. Hence we allow the complaint.
Therefore complaint is allowed directing the 2nd opposite party to refund Rs.2485/- the amount deposited by the complainant with interest @10% per annum from the date of complaint till payment and 2nd opposite party is further directed to pay Rs.2000/- towards cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of this order.
Ext.A1-Provisional Acceptance Statement
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
