Kerala

Wayanad

CC/11/97

T.A.Shabeena,Aysha Manzil,Palamuck,Nalloornadu.PO. - Complainant(s)

Versus

Branch Manager,Lis Deepasthambham Project and DLS Jyothis Project,Kalpetta. - Opp.Party(s)

30 Sep 2011

ORDER

 
Complaint Case No. CC/11/97
 
1. T.A.Shabeena,Aysha Manzil,Palamuck,Nalloornadu.PO.
...........Complainant(s)
Versus
1. Branch Manager,Lis Deepasthambham Project and DLS Jyothis Project,Kalpetta.
2. P.V.Chacko,Managing Partner/Trustee,LIS Deepasthambham Project,Ernakulam.
Ernakulam.
Ernakulam.
Kerala
3. Joy John,Managing Partner,M/S DLS Jyothis Project,Palakkal Court,Ernakulam.
Ernakulam.
Ernakulam.
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. K GHEEVARGHESE PRESIDENT
 HONORABLE MRS. SAJI MATHEW Member
 HONORABLE MR. P Raveendran Member
 
PRESENT:
 
ORDER

 

By Sri. K. Gheevarghese, President:-


 

The complaint filed against the Opposite Party for the refund of the deposited amount along with cost and compensation.


 

2. The complaint in brief is as follows:- The Complainant was lured by the vide advertisements in visual and readable medias that the scheme run by them extents double of the deposited sum. The Complainant deposited Rs.2,500/- on 31.10.2005 in the name of the 2nd Opposite Party's firm and Rs.2,000/- on 05.05.2007 in the 3rd Opposite Party's firm. On accepting the deposited sum the Opposite Party assured the Complainant the deposited amount would be doubled by dated 28.03.2001. The maturity time when reached the Complainant contacted the Opposite Party for the return of the deposited amount along with other profits. The Opposite Parties were not ready to take heed of the request of the Complainant instead them told one or other dates for the return of the amount. The Complainant altogether deposited Rs.4,500/- if the offer of the Opposite Party come to a truth the Complainant would have received Rs.18,000/-. The non refund of the deposited amount is a deficiency in service and the Complainant is to be compensated with assured profits along with cost.


 

3. The 1st to 3rd Opposite Parties are declared exparte.


 

4. Points in consideration are:-

  1. Is there any deficiency in service?

  2. Relief and cost.


 

5. Points No.1 and 2:- The case of the Complainant is that the amount deposited by the Complainant is not refunded on touching the maturity period as offered by the Opposite Party. Ext.A1 is the receipt given to the Complainant for the deposit of Rs.2,500/- which was on 31.10.2005. The receipt No.24797 is the copy of the receipt given to the Complainant that is Ext.A2. The maturity period for the expiry date shown in the receipt is 28.03.2009. The Complainant deposited amount but no evidence is brought out to establish the contention of the Complainant that the deposited amount would be doubled. According to the Complainant the 2nd Opposite Party, 1st and 3rd Opposite Party party are inter connected. The 2nd Opposite Party is the sister concern of 1st and 3rd Opposite Parties. 2nd and 3rd Opposite Parties are one and the same. In the absence of any adverse inferences it is considered that the 1st to 3rd Opposite Parties have not refunded the deposited amount along with cost and compensation.


 

In the result, the complaint is partly allowed. The Opposite Parties are directed to return the Complainant the deposited amount Rs.4,500/- (Rupees Four thousand five hundred only) along with interest at the rate of 12% from the date of filing this complaint till realization of the amount. This is to be complied by the Opposite Parties are jointly and severally within one month from the date of receipt of this order.


 

Pronounced in open Forum on this the day of 30th September 2011.

Date of filing:16.06.2011.


 

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Receipt No.116750

A2. Copy of Receipt No.24797


 

Exhibit for the Opposite Party:

Nil.

 
 
[HONORABLE MR. K GHEEVARGHESE]
PRESIDENT
 
[HONORABLE MRS. SAJI MATHEW]
Member
 
[HONORABLE MR. P Raveendran]
Member

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