By. Smt. Renimol Mathew, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to return the deposited amount with offered benefits together with compensation and cost of the proceedings.
2. Brief of the complaint:- The complainant deposited Rs.10,000/- in opposite parties LIS Deepasthambham Project as per Receipt No.42675 on 24.06.2005. Thereafter when the maturity time attained the complainant approached the opposite parties to get back the deposited amount, but opposite parties not returned the amount in spite of repeated demands. Instead of that opposite parties requested time to return the deposited amount with offered benefits. Lastly on 20.02.2014 complainant approached opposite parties and requested for the return of deposited amount but opposite parties not returned the amount so far, hence filed this complaint.
3. Opposite parties not adduced any evidence. Complainant produced original deposit receipt that is marked as Ext.A1.
4. On considering the complaint and Ext.A1 the following points are to be considered:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- Complainant not adduced oral evidence. Ext.A1 is marked. Ext.A1 is the Receipt No.42675 of Rs.10,000/- dated 24.06.2005. Heard both parties on going through the document and submissions it is clear that the deposit of money is admitted by opposite parties. On several occasions complainant contacted the opposite parties to get back the deposited amount, lastly on 20.02.2014 also complainant approached opposite parties and requested for the return of deposited amount, but opposite parties not returned the amount and requested further time to return the amount. So the contention regarding the limitation is not maintainable. On considering all these aspects Forum finds that there is deficiency of service from the part of opposite parties. So the complainant is entitled to get the deposited amount with reasonable cost, compensation and interest. The Point No.1 is found accordingly.
6. Point No.2:- The Point No.1 is found in favor of the complainant. Hence the complainant is entitled to get the deposited amount with reasonable interest, cost and compensation. The point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite parties are directed to pay Rs.10,000/- (Rupees Ten Thousand Only) with 10% interest to the complainant from the date of complaint. The opposite parties are also directed to pay Rs.3,000/- (Rupees Three Thousand only) as compensation and Rs.3,000/- (Rupees Three Thousand only) as cost of the the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for the interest at the rate of 12% for whole amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 23rd day of December 2014.
Date of Filing:23.09.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Receipt No.42675. dt:24.06.2005.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
