By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Parties for non refunding of the deposited amount along with the added profits.

(Contd...2)

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2. The complaint in brief is as follows:- The Opposite Parties gave vide advertisements of a project named Deepasthambham and the Complainant deposited Rs.25,000/- in this scheme on 13.06.2007 lured by the offers of the Opposite Parties. The scheme according to the opposite parties would double the amount deposited. In several occasions the Complainant demanded the refund of the amount deposited but the Opposite Parties were not ready to act upon the offers they made. Towards the end on 20.8.2010 the Complainant demanded the refund of the deposited sum with added profits and Opposite Party failed to refund deposited amount in consequently the complaint is filed.

3. There may be an order directing the Opposite Parties to refund the amount Rs.25,000/- deposited along with the profits. The Complainant is also entitled for compensation of Rs.50,000/- along with cost.

4. Opposite Parties are declared exparte.

5. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant, Exts.A1 to A3 are the documents produced.

(Contd...3)

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7. The dispute in issue is on non refunding of the deposited amount Rs.25,000/-. Ext.A1 is the photocopy of the receipts given to the Complainant on acceptance of Rs.25,000/- which was on 25.03.2006. The Complainant became beneficiary of the scheme. The date of expiry of the scheme as per records is on 06.05.2009. The Complainant was not refunded the deposited amount along with profits nothing is brought out in evidence to establish his contention that the amount deposited would be doubled. According to the Complainant the Opposite Parties were approached for the refund of the amount lastly it was on 20.08.2010. Unless the contrary is proved it is to be considered that the amount deposited by the Complainant is not refunded. In the light of the above inferences the act of the opposite parties is nothing less than the deficiency in service and it is to be compensated.

In the result the complaint is partly allowed. The Opposite Parties are directed to refund Rs.25,000/- (Rupees Twenty Five thousand only) with interest at the rate of 12% from the date of joining the project on 13.06.2007 till the realization of the amount. The Complainant is also entitled for the cost and compensation of Rs.3,000/- (Rupees Three thousand only). This is to be complied by the Opposite Parties within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 31^st August 2011.

Date of filing:06/06/2011.