CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M.Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No 08/12
Saturday the 28th day of April, 2012
Petitioner : Binesh C Mathew,
Mother Theresa Nagar,
Kurisumoodu PO,
Changanacherry, Kottayam.
(Adv.Thomas Kurian K)
Vs.
Opposite party : Lis Educational and Charitable Trust,
Palackal Court, Near Shenoy’s
M.G.Road Cochin-35 Rep.by
Chairman P.V. Chacko.
2) Kurichan Chacko,
Managing Partner,
M/s. DLS Jyothis Project,
Bharathi Building, MG Road,
Ernakulam.
ORDER
Smt. Bindhu M.Thomas, Member
The complainant’s case is as follows.
The complainant deposited Rs. 25,000/- vide user name Binish CD 28664 on 07/03/2006 with the opposite parties in their Deepasthambham Project. The opposite parties purposefully and maliciously evaded from repayment of the said amount to the complainant. The opposite parties have dishonestly misappropriated the said amount for their unlawful gain. On many occasions, the petitioner contacted the opposite parties and requested to settle the matter but they protracted the matter seeking more time. Hence the complainant filed this complaint claiming Rs.25,000/- with 12% interest along with compensation and cost.
Notice was served to the opposite parties. But the opposite parties chose not to contest by not filing the version. Hence the opposite parties were set expartee.
Points for consideration are:
i) Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
ii) Reliefs and costs?
Evidence consists of affidavit filed by the complainant and Exts.A1
Point No.1
The complainant averred that he deposited Rs. 25,000/- to the opposite parties on 7/3/06 vide user name Binish CD 28664. Evidencing the said deposit the complainant produce copy of receipt and it is marked as Ext.A1. it was further averred that the opposite parties purposefully and maliciously evaded from repayment. The complainant next averred that the opposite parties dishonestly misappropriated and used the amount for their unlawful gain. As the opposite parties chose not to contest, the allegations of the complainant against the opposite parties remain unchallenged. On perusing the evidence placed on record, we find the opposite parties deficient in their service. Point no.1 is found accordingly.
Point No.2
In view of the findings in point no.1, the complaint is to be allowed.
The complaint is ordered as follows.
The opposite parties will pay Rs.25,000/- with interest @ 12% per annum from 07/06/2005 till realization along with compensation Rs.1500/- and litigation cost Rs.1000/-
This order will be complied with within one month of receipt of the copy of the order.
Smt. Bindhu M.Thomas, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1-Copy of receipt for Rs.25,000/-
Documents of opposite party
Nil
By Order,
Senior Superintendent.
