By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Parties for the refund of the deposited sum.
2. The complaint in brief is as follows:- The Complainant is a purchaser of a unit sold by the Opposite Party in the scheme named as the Deepasthambham Project paying Rs.12,500/-. At the time of purchase of the unit, the offer of the Opposite Party was that the amount entrusted would be doubled and given back. The Complainant approached the Opposite Party for the refund of the amount deposited along with assured profits. Instead of paying the amount to the Complainant the Opposite Party said one or other reasons and finally the Complainant demanded the refund of the amount on 15.2.2011 even at that time too the Opposite Parties are not ready for it. The act of the Opposite Party trapping persons with magnified offers and not refunding the amount deposited is a deficiency in service and it is to be compensated with cost. The Complainant is also entitled to get Rs.25,000/- as the double amount of the deposited sum and interest at the rate of 18% from the date of filing this complaint along with cost.
3. The Opposite Parties are declared exparte.
4. Points in consideration are:-
Is there any deficiency in service in the refunding of the amount deposited by the Complainant?
Relief and cost.
5. Points No.1 and 2:- The evidence in this case consist of the proof affidavit of the Complainant and Ext.A1 is the receipt issued by the Opposite Party to the Complainant on the acceptance of the amount of Rs.12,500/-. The Opposite Parties are declared exparte. The Complainant purchased the unit of Deepasthambham Project run by the Opposite Party which was on 23.09.2005. It is affirmed by the Complainant that the demand for refund of the sum were in several occasions and finally the Complainant demanded the repayment of the deposited sum with added profit on 15.02.2011.
6. The Opposite Party is set exparte and there is nothing to disbelieve that the Complainant was not given the assurance of the refunding of the deposited sum with added profit. In the light of the above inferences the complaint is to be refunded the deposited sum along with interest. The other contention of the Complainant is that she was assured of the double the sum of the amount deposited. No document is produced by the Complainant to substantiate that contention.
In the result, the complaint is partly allowed. The Opposite Party is directed to refund Rs.12,500/- (Rupees Twelve thousand Five hundred only) to the Complainant along with the interest at the rate of 12% from the date of joining the scheme that was on 23.09.2005 till the payment of the same. The Complainant is also entitled to get cost of Rs.1,000/- (Rupees One thousand only). This is to be complied by the Opposite Party within one month from the date of receipt of this order.
Pronounced in open Forum on this the day of 29th June 2011.
Date of filing:03.03.2011.
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 Parties:
Nil.
Exhibit for the Complainant:
A1. Receipt No.88668.
Exhibit for the Opposite Parties:
Nil.
