By. Sri. P. Raveendran, Member:-
The brief of the complaint is that the opposite party No.2 and 3 advertised through medias like television and newspaper that they are launching new scheme of deposit in which the deposit amount will be doubled within a few period. On 31.10.2005 the complainant had deposited a sum of Rs.2,500/-, Rs.2,500/- on 24.09.2005, Rs.2,500/- on 25.10.2005 and he had also deposited sum of
Rs.38,000/- on 05.05.2007. The above amount were deposited at Kalpetta office. At the time of deposit the opposite parties stated that the amount will be doubled with in a period of 2 years from the date of deposit. Believing the assurance of the opposite party and seeing advertisements, the complainant deposited the above amounts with the opposite party. There after when the amount is matured the complainant approached the 1st opposite party and demanded to return the amount as per their terms. The 1st opposite party requested time to pay the amount. There after the complainant had approached opposite party for several times. But instead of paying the amounts the opposite party has always extended the time by saying one or another excuses. And till the date the opposite parties have not paid the amount due to the complainant. Now 1st opposite party said that no fund is available with them to pay the amount due to the complainant. Hence it is prayed that the Forum may pass an order directing the opposite parties 1 and 2 to pay a sum of Rs.30,000/- to the complainant and direct opposite parties No. 1 to 3 and to pay a sum of Rs.1,52,000/- due to the complainant and pay Rs.5,000/- as compensation with interest and cost of this complaint.
2. Adv. Sri. Joseph Zachariah proposed vakalath and version for the opposite parties on 19.07.2011 but till 31.08.2011 the opposite parties have not filed their vakalath or version. Hence they were declared exparte and proceeded with the case.
3. On perusing the complaint, affidavit of the complainant and Exts.A1 to A4, the following points are to be considered.
Point No.1:- Whether there is any deficiency of service on the part of opposite parties?.
Point No.2:- Relief and Cost.
4. Point No.1:- On perusing the complaint, the chief affidavit of the complainant and the documents Exts. A1 to A4 produced by him it is clear that the complainant has deposited Rs.2,500/- on 31.10.2005, Rs.2,500/- on 24.09.2005, Rs.2,500/- on 25.10.2005 and Rs.38,000/- on 05.05.2007. It is clear that Rs.38,000/- will expire on 28.03.2009. After expiry the non payment of the amount by opposite parties to the complainant is deficiency of service on the part of opposite parties. The point No.1 is decided accordingly.
5. Point No.2:- In the complaint the complainant has stated that the deposited amount will be doubled with in a period of 2 years but the above fact is not proved before the Forum. Any how on perusing Exts. A1 to A4 documents it is clear that the complainant has deposited an amount of Rs.45,500/- with the opposite parties. So we found that the complainant is entitled to get the deposited amount that is Rs.45,500/- with 12% interest from the date of deposit till the payment is made. He is also entitled to get Rs.2,000/- as compensation and cost of this complaint.
In the result the above complaint is partly allowed. The opposite parties are directed to pay Rs.45,500/-(Rupees Forty Five Thousand and Five Hundred Only) with 12% interest from the date of deposit till the payment is made. They are also directed to pay Rs.2,000/-(Rupees Two Thousand Only) as compensation and cost of this litigation to the complainant.
Pronounced in Open Forum on this the day of 30th September 2011.
Date of filing:16.06.2011.
