By Sri. P. Raveendran, Member:-
The brief of the complaint:- The complainant has deposited Rs.50,000/- with opposite parties on 01.06.2007 and the opposite parties have issued certificate to that effect. The above deposited amount matured on 24.04.2009 and there after several times at last on 13.01.2011 the complainant approached the opposite party and demanded for the money deposited by him with their assurance. But they have not returned the money. Hence he filed this complaint. In the complaint he prayed to give direction to the opposite parties to pay the amount ie Rs.50,000/-deposited by him with 18% interest from 01.06.2007 and the profits received by the opposite parties from the lottery business and Rs.50,000/- as compensation and Rs.5,000/- as cost.
2. Notices were served on the opposite parties. Time was granted by this Forum to file their version but they have not filed their version. Hence the opposite parties were set exparte.
3. On considering the complaint and the documents produced by the complainant the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?.
2. Relief and Cost.
4. Point No.1 :- To prove the complainant's case he has filed his proof affidavit and produced Ext.A1 documents 2 in number. In the proof affidavit he stated as stated in the complaint. Ext.A1 series are the 2 beneficiary certificates issued by the opposite parties to the complainant. On perusing the same it is seen that the complainant has deposited Rs.10,000/- and Rs.40,000/- on 01.06.2007 with the opposite parties. On perusing the same it is seen that the expiry date mentioned in the above certificate is on 24.04.2009. It is seen from the affidavit that several times at last on 13.01.2011 the complainant approached opposite parties to get back the amount deposited by him with the assurance given by the opposite parties. It is seen that Rs.50,000/- was deposited by the complainant to the opposite party, after expiry date non returning the amount deposited by the complainant is a deficiency of service on the party of the opposite parties. Point No.1 is decided accordingly.
5. Point No.2 :- The complainant is entitled to get Rs.50,000/- with 12% interest from the date of deposit ie on 01.06.2007 till the payment is made. He is also entitled to get Rs.3,000/- as 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.50,000/- ( Rupees Fifty Thousand Only) with 12% interest from the date of deposit ie from 01.06.2007 till the payment is made. Opposite parties are also directed to pay Rs.3,000/- (Rupees Three Thousand Only) as cost and compensation. This Order is to be complied within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 17th December 2011.
Date of Filing:10.10.2011.
