By  Sri.P.K,.Sasi, President

          The case of the complainant is that as per receipt No.938 he has deposited Rs.1,00,000/-  towards  28^th day pooval kuri, Ticket No.53, 105A to 106B with  the opposite  party firm.  The kuri was started on 12/12/08 and terminated on 28/7/2017.     The opposite party offered 12% interest for the security deposit.  From the above deposit, Rs.60,000/- has returned back to the complainant.  Remaining Rs.40,000/- has to be returned back. Whereas the opposite party  refused to return the amount on demand.  Since the amount was refused by the opposite party a lawyer notice was issued on 2/2/2019.  Even then no relief received.  Hence this complaint is filed. 

          2. On receiving complaint, notice was properly served to the opposite party.  Even after accepting the notice, the opposite party  neither appeared before the Forum nor submitted any version.  Hence the opposite party set exparte and posted for complainant’s evidence.  From the side of complainant he has appeared before the Forum and submitted proof affidavit, in which he has affirmed  and explained  all the averments  stated in the compliant in detail.  He has also  produced 3 documents, which are marked as Exts.P1 to P3.  Ext.P1 duplicate  of deposit receipt , Ext.P2 is a copy of lawyer notice and  Ext.P3  is postal receipt. 

          3.Since there is no contra evidence  available before us, we are inclined to accept the proof affidavit filed by the complainant and heard the counsel for the complainant in detail.  We also perused the contents of affidavit and documents produced from the side of complainant. Ext.P1duplicate copy of deposit receipt would go to show that there was  repayment of Rs.60,000/-  from the deposit amount to the complainant and that was endorsed on the receipt.  We can only consider that those amounts were released from the total amount deposited.  If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version.  Nothing was done by the opposite party.  Therefore we are inclined to go along with the contents of affidavit filed by the complainant and we are of the opinion that by denying the deposited amount, the opposite party company committed deficiency in service as well as unfair trade practice towards the complainant.    

          4. In the result we allow this complaint and the opposite party company is directed to return Rs.40000/- (Rupees Forty thousand only) with 12% interest from the date of complaint to the complainant within one month from receiving copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the  26^th day  of  December  2019.

        Sd/-                                                                         Sd/-

Dr.K.Radhakrishnan Nair                                      P.K.Sasi,                                 Member                                                                    President.

                                      Appendix

Complainant’s Exhibits

Ext.P1 Duplicate of deposit receipt

Ext.P2 copy of lawyer notice 

Ext.P3 A/D card                        

                                                                                      Id/-

                                                                                       President