Kerala

Trissur

CC/09/176

Leena Thambi - Complainant(s)

Versus

Branch Manager,Pen Books (P) Ltd - Opp.Party(s)

Adv.C.Mohanachandran

25 Nov 2009

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/09/176
( Date of Filing : 06 Mar 2009 )
 
1. Leena Thambi
Cheruvathoor house,Pazhanji
Thrissur
Kerala
...........Complainant(s)
Versus
1. Branch Manager,Pen Books (P) Ltd
Damodar&Sons Complex,Round West,Thrissur
Thrissur
Kerala
2. Pauly.K.Ayyampilly
Managing Director,Pen Books Ltd,P.B.No.143,Palace Road,Aluva,Ernakulam
Ernakulam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Padmini Sudheesh PRESIDENT
 HON'BLE MR. Sasidharan M.S Member
 
PRESENT:Adv.C.Mohanachandran, Advocate for the Complainant 1
 
Dated : 25 Nov 2009
Final Order / Judgement

O R D E R

 

By Smt. Padmini Sudheesh, President

The complainant’s case is as follows:

            The complainant  joined in the Pen Treasure Hunt Franchising Scheme of the respondents and remitted Rs.2,00,000/-.  The respondent issued a receipt and  a document containing  the conditions.  As per this the complainant is entitled to get Rs.48,000/- per year towards profit.  But the respondent did not keep their words.  As the complainant did not get any thing as promised a lawyer notice was issued on 10/10/2008.  But there was no remedy.   Hence the complaint.

 

            2. The respondent called absent and set exparte.

 

            3.  In order to prove her case the complainant filed affidavit and produced  documents. They are marked as Exhibits P1 to P4.

 

            4. The case of the complainant is that she joined in the Pen Treasure Hunt and remitted Rs.2,00,000/-.   The respondents issued  documents containing the conditions.  As per this she is entitled for Rs.48,000/- per year as profit.  But nothing is given to her.  So this complaint is filed. There is no evidence to the contrary to the evidence of the complainant.

 

            6. In the result the complaint is allowed and the respondents are directed to refund Rs.2,00,000/-(Rupees Two lakhs only) with 12% interest from 25/11/06 till realization  and also to pay Rs.48,000/- (Rupees Forty eight thousand only) the annual benefit from 25/11/07 and Rs.1,000/- (Rupees One thousand only) as cost within two months.

 

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 25th day of  November 2009.

                                                                                                            Sd/-                                                                                                                             Padmini Sudheesh, President

                                                                                                            Sd/-                                                                                                                             Rajani.P.S., Member

                                                                                                            Sd/-

                                                                                                M.S.Sasidharan, Member                                                        Appendix

Complainant’s Exhibits

Ext. P1 Receipt

Ext. P2 Lr. dtd. 12/12/06  with stamp paper

Ext. P3 lawyer notice

Ext. P4 postal receipt

                                                                                                            Id/-                                                                                                                                   President.  

 

 
 
[HON'BLE MRS. Padmini Sudheesh]
PRESIDENT
 
 
[HON'BLE MR. Sasidharan M.S]
Member
 

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