By. Smt. Renimol Mathew, Member:
Brief of the complaint:- The complainant deposited Rs.5,000/- (Certificate No.30044) on 17.05.2007 and Rs.10,000/- (Certificate No.47278) on 08.06.2007 in Jyothis Project of the opposite party in their branch office at Kalpetta. The complainant deposited the amount relying on the assurance given by the opposite party that the amount deposited in Jyothis Project would be doubled within 100 weeks through lottery commission. The expiry date shown in the Beneficiary Certificates were 09.04.2009 and 01.05.2009 respectively. On completion of 100 weeks on 09.04.2009 and 01.05.2009 complainant approached the opposite party's branch office at Kalpetta to enquire about the position of the deposit and return of the amount. This time opposite party told that the amount and accretions were considered as re-deposited for a a period of second term. On 10.03.2011 and on 20.04.2011 respectively the second term of deposit over and it stands renewed twice as deposits not withdrawn. The complainant approached opposite party's office at Kalpetta on 01.07.2011 that time it was informed that they were not in a position to refund the amount and accretions since the project was closed down. Again on 03.10.2011 the complainant approached Opposite Party's branch office at Kalpetta, the Manager disclosed that they have no funds to settle the account, then the complainant contacted opposite party's office at Ernakulam they also expressed that they cannot settle the account since the project has been closed. The complainant several times demanded to return of deposited amount with all benefits but all that was in vain. Lastly on 17.12.2012 complainant contacted the opposite party, but all efforts from the part of this complainant to get back the deposited amount and promised accretions thereon failed and hence filed this complaint.
2. Complainant alleges that this is deficiency of service on the part of the opposite party and he prays to get back a sum of Rs.1,35,200/- with interest @ 18% from the date of complaint from the opposite party.
3. Notice sent to opposite party. Opposite party appeared and filed version.
4. Opposite party filed version in short it is as follows:- This complaint is barred by limitation, the transaction was on 17.05.2007 and 08.06.2007, the time limit for filing complaint had already been over. Also states that there is an Arbitration Agreement between the complainant and the partnership firm which conduct the project where in the complainant joined as members, to resolve the dispute between them. It is also submitted that the opposite parties did not given any advertisements in visual media to return double of the deposited amount paid by the complainant along with lottery prize within 100 weeks. It is submitted that, the total amount of Rs.15,000/- of the complainant was not “deposited” but only entrusted with the Jyothis Project of the opposite party firm for supplying government lottery tickets and magazines.
5. Again they submitted that the Jyothis Project was started on 12.03.2007, the project was running very smoothly. The working of the opposite party firm was stopped by police. The opposite party firm is ready to give back the entrusted amount after deducting the cost of lottery tickets purchased and magazines issued. He again submitted that the complainant is not entitled to claim any interest, there is no stipulation in the contract between complainant and opposite party to pay interest. So he prays for the dismissal of the complaint.
6. On considering the complaint and affidavit the following points are to be considered:-
1. Whether there is any deficiency in service on the part of opposite parties?
2. Relief and Cost.
7. Point No.1 :- The evidence of the complainant consists of testimony of PW1 and Exts.A1 to A4 documents. Ext.A1 is the Beneficiary Certificate of Rs.5,000/- dated 17.05.2007. Exts.A2 is the Beneficiary Certificate of Rs.10,000/- dated 08.06.2007. Exts.A3 and A4 are the copy of brochures explaining the prospects of the Jyothis Project. Opposite party not adduced any oral evidence or produced any documents to defends their case. Heard both counsels, on perusal of the documents and evidence advanced before us, it is clear that complainant deposited Rs.5,000/- on 17.05.2007, Rs.10,000/- on 08.06.2007 in Jyothis Project of the opposite party. The complainant alleges that at the time of deposit opposite party offered double of the deposited amount and lottery prize. There is no evidence in this brochure that they were given by opposite parties to this complaint. Mere production of brochures are not enough to prove the offers given by opposite party to this particular person. Opposite party not adduced any oral or documentary evidence to prove their defends such as jurisdiction, purchase of lottery tickets and magazines and arbitration agreement etc... Considering the limitation aspects deposits were made on 17.05.2007 and 28.05.2007, later on 09.04.2009, 01.05.2009, 10.03.2011, 02.04.2011, 01.07.2011, 03.10.2011 and lastly on 17.12.2012 complainant approached the branch office at Kalpetta and demanded to get back the deposited amount. Relying on the documents and evidence we opine that there is deficiency in service on the part of the opposite party. The non refund of the deposited amount on demand even after expiry period is clear proof of deficiency of service. The Point No.1 is found accordingly.
8. Point No.2:- The complainant is entitled to get back the deposited amount with cost and compensation.
In the result the complaint is partly allowed. The opposite party is directed to pay the deposited amount that is Rs.15,000/- (Rupees Fifteen Thousand) only with 12% interest from the date of deposit till full payment to the complainant. Opposite party is also directed to pay Rs.2,000/- (Rupees Two Thousand) only as cost and compensation. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2013.
Date of Filing:01.01.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sadanandan. P. K. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Beneficiary Certificate No.30044. Dt:17.05.2007.
A2. Beneficiary Certificate No.47278. Dt:08.06.2007.
A3. Copy of Brochure of the Project.
A4. Copy of Brochure of the Project.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
