CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 20th 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/24/2013
T. Jayakrishnan,
S/o. Govindankutty Nair, Thazhathethil veetil, - Complainant
Ezhuvanthala Village (P.O.) , Ottapalam Taluk,
Palakkad – 679 335
( By Adv. V.K. Venugopalan)
V/s
1. Mr. Joy Jhon,
The Managing Trustee,
Jyothis Project, 39/76 D1,
3rd Floor, Bharathi Building,
Mahakavi G. Road, Ernakulam,
Cochin, Kerala – 682 011 - Opposite parties
2. Jyothis Project, DLS,
39/76 D1, 3rd 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 complainant in brief :-
The complainant has deposited an amount of Rs. 10,000/- vide receipt No. 62166 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 complainant believe that the project runs as per the Govt. norms. The complainant was also informed that even after the amount was doubled he can continue with prize re- impursement and compensation list and the complainant will get the benefit till the amount was withdrawn.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. 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 complainant prays for an order directintg the opposite parties to pay the assured amount with 18 percentage 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 A4 marked.
Heard the complainant.
Issues to be considered are
1. Whether there is any deficiency of service on the part of opposite parties ?
If so what is the relief and cost?
Issues I and II
Complainant deposited an amount of Rs. 10,000/- with opposite parties on 19/06/2007. It is evident from Ext. A1 document. According to the complainant, assurance was to return the amount in double within 100 weeks ie. On 12/05/2009. Though the complainant made several demands the opposite parties did not return the amount. Though a lawyer notice was caused on 26/11/2012 ie. Ext. A4 document. But the opposite party didi 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.
In the result complaint allowed. Opposite parties are jointly and severally directed to pay an amount of Rs. 20,000/- ( Rupees Twenty 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 20th 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 No. 62166, entrusted Rs. 10,000/- on 19/07/2007.
Ext. A2- Receipt dtd. 05/05/2006 on LIS Deepasthambham Project.
Ext. A3- Application document of Jyothis Project.
Ext.A4 – Copy of lawyer notice and postal receipt sent by the complainant to the 1st 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.
