Bharathi Building,                                      :         Opposite Party

Mahakavi G. Road,

Ernakulam – 682 011

O R D E R

Smt. K.P. Preethakumari, Member.

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to pay `1,78,063 including the amount covered by six deposits cost and compensation.

The case of the complainant is that he had deposited `42,000 by of six deposits ie two deposits for `5000 each in the name of his institution high enterprises, one deposit for `10,000 in the name of his wife Siji M.J. and two deposit for `10,000 and one deposit for `2000 in the name of his daughter Liya on 24.02.2009 with opposite party.  At the time of deposit, the opposite party represented that he will return double the amount he had deposited within 2 years.  But even after lapse of 5 years he has not returned the deposited amount.  The complainant deposited the amount by borrowing.   So the complainant had suffered lot of both mental, physical and financial hardships.  So the opposite party is liable to pay back the deposited amount.  Hence this complaint. Eventhough proper notice was issued and he acknowledged the same, remains absent and hence he was called absent and set exparty. 

          The main points to be decided in the above case is that whether there is any deficiency of service on the part of opposite party.

          The evidence in the above case consists of the chief affidavit filed by the complainant in lieu of chief examination and produced six beneficiary certificates for `5,000 each in the name of Liya enterprises for `10,000 in the name of Siji M.J, two certificates of `10,000 and one for `2,000 in the name of Liya M.J. and a brochure.  The Ext.A1 to A6 substantiate the case of the complainant that he had deposited `42,000 by way of deposit.  Opposite party has not turned up before the Forum eventhough proper notice was served upon him.  So there is no contra evidence.   The absence of opposite party eventhough proper notice was served itself is deficiency of service on the part of opposite party.  As per Ext.A7 the opposite party offered double the amount within 100 weeks through Jyothis Project.  But the complainant admits that opposite party had repaid `9494 from the above said amount of `84,000.  So now the opposite party is liable to pay `74,506 to the complainant as on 25.02.2011 ie after two years of deposit and after that the complainant is entitled to get 9% interest for the above said amount of `74,506 from 25.02.2011 till payment.  The complainant is also entitled to get `1,000 as cost of the proceedings from the opposite party and passed order accordingly.

          In the result the complaint is allowed directing the opposite party to pay `74,506 (Rupees Seventh Four Thousand Five hundred and six only) with 9% interest from 25.02.2011 till payment and `1,000 as cost of the proceedings within 30 days of receipt of the order, otherwise complainant can execute the order as per the provisions of Consumer Protection Act.

Dated this the 27^th day of August, 2012.

                                    Sd/-                   Sd/-             

                                President             Member           

APPENDIX

Exhibits for the Complainant

A1 to A6.   Beneficiary Certificates.

A7.            Jyothis Project –  Terms and conditions.

Exhibits for the opposite parties

B1.  Insurance policy terms and conditions.

B2.  Lawyer notice dated 14.09.2009.

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

                                                                        /forwarded by order/

                                                                     SENIOR SUPERINTENDENT