CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 20^th day of April, 2013.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 29/01/2013

CC/26/2013

1. C. Padmanabhan Nair Retd,

S/o. Krishnankutty Nair, Variyathodi veetil, - Complainants

Ezhuvanthala Village & P.O, Ottapalam Taluk,

Palakkad – 679 335. ( By Adv. V.K. Venugopalan)

2. Omana Padmanabhan,

W/o. Padmanabhan Nair,

Variyathodi Veetil, Ezhuvanthala Village & P.O,

Ottapalam Taluk, Palakkad- 679 335.

V/s

1. Mr. Joy Jhon,

The Managing Trustee,

Jyothis Project, 39/76 D1,

3^rd Floor, Bharathi Building,

Mahakavi G. Road, Ernakulam,

Cochin, Kerala – 682 011 - Opposite parties

2. Jyothis Project, DLS,

39/76 D1, 3^rd Floor, Bharathi Building,

Mahakavi G. Road, Ernakulam,

Cochin, Kerala – 682 011

(By Adv. Rajesh.M)

O R D E R

BY SMT. BHANUMATHI. A.K, MEMBER

Case of the complainants in brief :-

1^st complainant has deposited an amount of Rs. 25,000/- and 2^nd complainant has deposited some amounts as Rs, 40,000/- vide receipt No. 62163, Rs. 20,000/- vide receipt no. 35338, Rs. 40,000/- vide receipt no. 62164, Rs. 40,000/- vide reciept no. 62162 and Rs. 6,000/- vide receipt no. 62165 with the opposite parties in the project named Jyothis Project on 19/06/2007. As per the scheme the opposite parties has to return the amount in twice within the period of 100 weeks that is on 12/05/2009. Opposite parties made the complainants believe that the project runs as per the Govt. norms. The complainants were also informed that even after the amount was doubled they can continue with prize re- impursement and compensation list and the complainants will get the benefit till the amount was withdrawn. Though demanded several times the opposite parties assured that they will give the amount as they promised. At last the complainant sent a lawyer notice to the opposite party on 26/11/2012. The opposite party has received the same but not replied.

The act of opposite parties amounts to deficiency of service and unfair trade practice.

So the complainants praying for an order directintg the opposite parties to pay the assured amount with 18percentage  interest along with compensation and cost.

Though the opposite parties entered appearance, neither the version nor the chief affidavit has been filed.

Complainant filed affidavit and Ext. A1 to A10 marked.

Heard the complainant.

Issues to be considered are

1. Whether there is any deficiency of service on the part of opposite parties ?

2. If so what is the relief and cost?

Issues I and II

Complainants deposited a total amount of Rs. 1,71,000/- with opposite parties on 19/06/2007. It is evident from Ext. A1 to A7 document. According to the complainants, assurance was to return the amount in double within 100 weeks ie. On 12/05/2009. Though the complainants made several demands the opposite parties did not return the amount. Though a lawyer notice was caused on 26/11/2012 ie. Ext. A10 series document. But the Ist opposite party did not send any reply.

From the above discussions we are of the view that the opposite parties are liable to return the deposited amount in double as promised to the complainants.

In the result complaint allowed. Opposite parties are jointly and severally directed to pay an amount of Rs. 3,42,000/-/- ( Rupees Three lakh Fortytwo thousand only) along with 12percentage interest from 12/05/2009 to the date of order and Rs. 1000/- ( Rupees One thousand only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the whole amount shall be carry interest @ 9percentage per annum from the date of order till realization.

Pronounced in the open court on this the 20^th day of April, 2013.

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1– Beneficiary certificate of 1^st complainant, No. 62161, entrusted Rs. 25,000/- on 19/06/2007.

Ext. A2- Receipt of LIS Deepasthambham Project to the 1^st complainant dtd. 02/03/2006.

Ext. A3- Beneficiary certificate of 2^nd complainant, No. 62162, entrusted Rs. 40,000/- on 19/06/2007.

Ext.A4 – Beneficiary certificate of 2^nd complainant, No. 62163, entrusted Rs. 40,000/- on 19/06/2007.

Ext. A5- Beneficiary certificate of 2^nd complainant, No. 62164, entrusted Rs. 40,000/- on 19/06/2007.

Ext. A6- Beneficiary certificate of 2^nd complainant, No. 35338, entrusted Rs. 20,000/- on 03/05/2007.

Ext. A7- Beneficiary certificate of 2^nd complainant, No. 62165, entrusted Rs. 6,000/- on 19/06/2007.

Ext. A8- Receipt of LIS Deepasthambham Project to the 2^nd complainant dtd. 05/05/2006.

Ext. A9- Application document of Jyothis Project.

Ext. A10 series - Copy of lawyer notice and postal receipt sent by the complainant to the 1^st opposite party dtd. 26/11/2012.

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost allowed

Rs. 1000/- (One Thousand only )allowed as cost of the proceedings.