D.o.F: 9/4/10

D.o.O: 27/7/10

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C. 86/2010

                         Dated this, the 27^th    day of July 2010

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                       : MEMBER

SMT.P.P.SYAMALADEVI                            : MEMBER

Smt.Jameela, W/o Ibrahim,

Anchikatta House, Hidayath Nagar,            : Complainant

Uppala PO, Kasaragod.

(Adv.P.Anantharaman,Kasaragod)

Abdul Samad, S/o N.Ahamed Haji,

Total Track, Manufacturing & Marketing,  : Opposite party

Intercity Arcade, Near Markaz Complex,

Mavoor Road,Calicut.

(Exparte)

                                                                   ORDER

SRI.K.T.SIDHIQ        : PRESIDENT

      Shortly stated,  the case of complainant is that she deposited a sum of 50,000/- rupees in the business concern of opposite party as against the promise of opposite party to pay a sum of 1000/- rupees every month  as share in the profit.  But opposite party paid 1000/- rupees as her share in the profit on 20/12/08 only.  Thereafter, complainant neither received the profit nor her principal amount inspite of her repeated demands.  Hence the complaint.

    Opposite party remained absent on receipt of notice issued by registered post.   Hence opposite party had to be set exparte.

    Complainant filed proof affidavit reiterating what is stated in the complaint.  Exts.A1 to A3 marked.  Counsel for the complainant heard.  Documents perused.

   Ext.A1 is the copy of the agreement executed by the complainant and opposite party.  As per the recitals of Ext.A1, opposite party is liable to pay a sum of 1000/- rupees as the share in profit per month.  He is also liable to refund the principal amount on 3 months advance notice.  But according to complainant even after issuing Ext.A2 lawyer notice dt.4/3/2010 the opposite party has neither paid the share profit nor refunded the principal amount advanced.  The act of opposite party amounts to deficiency in service.

     Hence the complaint is allowed and opposite party is directed to repay 50,000 rupees to the complainant with interest @ 12% per annum from the date of complaint till payment.  Opposite party is also directed to pay 10,000/- rupees by way of compensation for the mental agony and hardships she suffered together with a cost of 3000/- rupees.  Time for compliance is limited to 30 days from the date of receipt of copy of the order.  Failing which opposite party shall be liable to pay interest @ 18% for 50,000/- from the date of complaint till payment.

Sd/                                                    Sd/                                                         Sd/

MEMBER                                    MEMBER                                      PRESIDENT

Exts:

A1- agreement

 A2-4/3/10-copy of lawyer notice

A3-postal acknowledgment.

Sd/                                                    Sd/                                                         Sd/

MEMBER                                    MEMBER                                      PRESIDENT

eva  /Forwarded by Order/

                                             SENIOR SUPERINTENDENT