By. Smt. Renimol Mathew, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to return the deposited amounts with offered benefits, compensation and cost of the proceedings.
2. Brief of the complaint:- Attracted by the advertisements given by opposite parties through newspapers and television throughout Kerala including Wayanad that they are launching a new scheme of deposit. The deposit amount will be doubled within two years and also providing services of lottery tickets for the customers. On believing this complainant joined in this scheme and deposited a sum of Rs.12,500/- on 25.10.2005 as per Receipt No.108795 and obtained 20 units. Its maturity value is Rs.25,000/-. The amounts were deposited at Kalpetta and receipts were issued at Kalpetta. After the maturity the complainant approached the opposite parties demanding the return of deposited amount with promised benefits but opposite parties requested another 5 years to return the amounts with benefits as promised. Accordingly opposite parties promised that they will be able to restart the business shortly and they will return the amounts with benefits on 25.10.2013. Complainant again contacted the opposite parties but they did not paid the amount till this date. According to the complainant he is entitled to get back the entire amount deposited with promised benefits. Now the opposite parties are evading the payments with an intention to exploit the complainants. This amounts to deficiency of service from the part of opposite parties and complainant's estimated compensation of Rs.25,000/-.
3. Opposite parties appeared and filed version in short it is as follows:- According to opposite parties complaint is not maintainable either in law or facts and hence it is liable to be dismissed. Again opposite parties submitted that complainant is a customer of opposite party No.2's business 'Jyothis Project' and Beneficiary Certificate issued by the opposite party No.2's firm is not made available to prove the claim of the complainant with Jyothis Project. There is an Arbitration Agreement is subsisting between complainant and opposite parties firm to resolve the dispute between them. The complainant had to avail the remedy of Arbitration instead of complaint, it is agreed between parties.
4. Opposite parties/petitioner filed I.A No.29/2014 challenging the maintainability in limitation aspects of Consumer Protection Act. They argued that six years have passed after the cause of action. Hence this complaint is barred by limitation. Complainant/Respondent filed counter in this I.A and heard both parties, then the complainant/petitioner filed I.A No.206/2014 along with a letter sent by opposite parties to the complainant dated 19.11.2009. Opposite parties/Respondents filed counter in I.A and heard the parties. The date of maturity of deposit was 25.10.2007. This complaint ought to have filed on or before 25.10.2009. The entire deposit receipt and other documents are in the custody of the mother of the complainant Leelamma Abraham. Leelamma Abraham@ Leelamma John died on 09.11.2009. Very recently the complainant recovered the deposit receipts. There is 1496 days delay happened in filing the complaint. From this the Forum convinced that there is sufficient reason to condone delay, there is not will full default on the part of this complainant's to file this complaint within time. Hence the I.A No.206/14 was allowed and I.A No.29/2014 is dismissed.
5. On considering the complaint, version and documents the following points for consideration:-
1. Whether there is any deficiency of service on the part of the opposite parties?
2. Relief and Cost.
6. Point No.1:- Complainant's Power of Attorney Holder filed chief affidavit and examined as PW1, produced documents were marked as Ext.A1 and A2. Ext.A1 is the Receipt No.108795 of Rs.12,500/- dated 25.10.2005. Ext.A2 is the Copy of Power of Attorney. Complainant produced a copy of letter sent by opposite parties to the complainant dated 19.11.2009. On verification of this letter the Forum found that this is an invitation letter sent by opposite parties to the complainant including the details of crisis faced by them to continuing there project and had also including attractive offers from new Jyothis Scheme. From this letter it is clear that there is a good customer relationship between opposite parties and complainant. As per Ext.A1 the date of maturity of the deposit was 25.10.2007. But in the witness Box complainant submitted that due to the death of the complainant's mother he could not trace out the deposit receipts in time. All the documents are with the custody of his deceased mother. Very recently complainant recovered the deposit receipts. Opposite parties stick on the limitation aspect but there is sufficient reason to condone the delay. Complainant argued that in this circumstances opposite party assured that amount will be doubled within two years and other benefits in the lottery will be given. The same promises were made by opposite parties No.2 and 3 over phone. On believing the assurance the complainant happened to join this scheme. Now the opposite parties are evading the payment with an intention to exploit the complainant. Now they are raising baseless contentions. After attaining maturity opposite parties sought another 5 years time to return the amount. Only because of the fault from the part of the opposite parties complainant unable to recover the deposited amount. In this circumstances Forum found that there is deficiency of service from the part of the opposite parties and complainant's are entitled to get deposited amount with offered benefits and compensation. The Point No.1 is found accordingly.
7. Point No.2:- The Point No.1 is found in favour of the complainant. Hence the complainant is entitled to get the deposited amount, interest, compensation and cost.
In the result the complaint is partly allowed and the opposite parties are directed to pay the complainant Rs.25,000/- (Rupees Twenty Five Thousand only) with 12% interest from 25.10.2007 with compensation of Rs.25,000/- (Rupees Twenty Five Thousand only). This Order must be complied by the opposite parties 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 30th day of August 2014.
Date of Filing:03.12.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. P. T. Abraham. Advocate.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Receipt No.108795. Dt:25.10.2005.
A2. Copy of Power of Attorney.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
