CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

                                                                                                                              Sri. K.N. Radhakrishnan, Member

 

CC No 124/11

 

Saturday the 29^th day of October, 2011

 

Petitioner                                               : K.S.Savior,

                                                                Kizhakkemattathil House

                                                                Villoonny PO, Kottayam.

                                                                (Adv.G.Jayasankar)

           

                                                            Vs.

Opposite party                                      : Jyothis Project,

                                                                III Floor Bharathi Building,

                                                                Mahakavi.G.Road,

                                                                Ernakulam-11 Rep.by its

                                                                Managing Partner Joy John.

                                                               2) DLS Jyothis, Ground Floor,

                                                                   Pulickapparambil Buildings,

                                                                  Opp.Baselious College, Kottayam

                                                                   Rep.by its Manager.        

                                   

 

 

            The complainant’s case is as follows.    

            The opposite party, Jyothis Project is a project of Devdhan Lottery Series. The project offered and conducted membership linked scheme, term insurance and endowment policies, time tested postal savings and fixed deposits bonds etc. The second opposite party is the subsidiary organization of the first opposite party. They collected amount from the petitioner for and on behalf of first opposite party. The petitioner joined, as beneficiary of, Jyothis project conducted by the first opposite party on 27^th April 2007. Date of expiry was 20^th M arch 2009. The petitioner deposited an amount of Rs.10,000/- vide user name Kizh 000377007, an amount of Rs.40,000/- vide user name Kizh 000376007, Rs. 40,000/- vide user name Kizh 000370007, Rs. 40,000/- vide user name Kizh 000 369007 totaling Rs.1,30,000/-. The said amount was collected by the second opposite party and they issued receipt in the name of first opposite party. As per the terms and conditions and contract between the petitioner and first opposite party, the first opposite party is liable to pay an amount of Rs.2,60,000/- on 20^th March 2009, the date of termination. On termination of the deposit as per the scheme the petitioner demanded an amount of Rs.2,60,000/- the maturity value. The first opposite party maliciously and purposefully evaded to return the amount as per the conditions stipulated by them to the petitioner. The act of the opposite party in non-settling the claim amounts to deficiency in service and non-performance of the promises and assurances of the contract between the petitioner and first opposite party. Hence the complainant filed this complaint claiming the matured amount of Rs.2,60,000/- with interest @ 12% per annum from 20^th March 2009, compensation of Rs.25,000/- and litigation cost.

            Notice was served to the opposite party and the opposite party entered appearance. But the opposite party failed to file version hence 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 Ext.A1 to A4.

            Heard the counsel for the complainant and perused the documents placed on record. The complainant averred that he joined in Jyothis Project and deposited a total amount of Rs.1,30,000/-. Evidencing the deposit, the complainant produced deposit receipts and they are marked as Ext.A1 series. The complainant further averred that the said deposits had reached maturity on 20/3/09. The complainant next averred that the opposite parties are liable to return the deposited amount with the promised rate of interest. The complainant produced the office copy of the letter issued by him to the opposite party dtd 09/03/211 demanding the matured amount and is marked as Ext.A2. According to the complainant the act of opposite party in not returning the matured amount even after demanding several times is a clear case of deficiency in service. As the opposite parties chose not to contest, the allegations of the complainant against the opposite party remain unchallenged. After scanning the entire evidence on record, we find that the opposite parties are deficient in their service. Point no.1 is found accordingly.

            In view of the findings in point no.1 the complaint is allowed.

            In the result the complaint is ordered as follows.

            The opposite parties 1 and 2 will jointly and severally give the matured amount of Rs. 2,60,000/- with 10% interest per annum from the date of maturity till realisation. As interest is allowed no compensation is ordered.

            This order will be complied with within one month of receipt of the order.

 

Sri. Santhosh Kesavanath P. President Sd/-

            Sri. K.N. Radhakrishnan, Member                    Sd/-

 

 

Ext.A1-Copy of deposit receipt for Rs.10,000/- dtd 27/4/07

Ext.A1(a)-Copy of deposit receipt for Rs.40,000/- dtd 27/4/07

Ext.A1(b)Copy of deposit receipt for Rs.40,000/- dtd 27/4/07

Ext.A1(c)Copy of deposit receipt for Rs.40,000/- dtd 27/4/07

Ext.A2-Copy of letter issued by the petitioner to the OP dtd 9/2/11

Ext.A3-Copy of letter issued by OP to petitioner

Ext.A4-Copy of application document.

Nil

 

By Order,

 

 

Senior Superintendent.