By Sri. Chandran, Alachery, Member:
Brief of the complaint:- The Opposite Parties have advertised medias like television, newspaper etc that they are launching a new scheme of deposit by which the deposit amount will be doubled within a few period that is within 2 years and also providing service of taking lottery tickets for the customers. Believing the advertisement and assurance given by the Opposite Parties, the 1st Complainant deposited on 26.10.2005 Rs.6,250/- as per receipt No.109554 and on 28.12.2005, the 2nd Complainant had deposited a sum of Rs.10,000/- as per receipt No. 147757 in his Deepasthambham Project. The amounts were deposited and receipts issued at Kalpetta in the Office of 1st Opposite Party. Thereafter, when maturity time attained in the year of 2008 January the Complainant approached the Opposite parties and demanded to return the amount as per the promise. But the Opposite Parties requested another three years time to pay the amount with benefits stating that the Police and other Government departments intervened in the business of the Opposite Parties and the Opposite Parties were forced to temporarily stop the business. It was further assured that they can restart business within a few period and their amount with benefits will be given to the Complainants within a period of three years from 2008 January. The Complainant had approached the Opposite Parties from 2008 January onwards for the payment of the amount due to the Complainants. But the Opposite Parties extended the time for payment of the amount by saying lame excuses. Subsequently on 08.07.2009, 15.01.2010, 24.09.2011, 06.02.2012, 06.11.2012 and 27.01.2013 and on many other occasions also approached all Opposite Parties directly and by telephone for this purpose. But the Opposite parties failed to repay the amount as promised by them. As per promise the Opposite Parties have to pay the amount to the Complainants on or before 15.01.2013. The cause of action for the Complainant arose on 26.10.2005 and 28.10.2005 respectively and on 08.07.2009, 15.01.2010, 24.09.2011, 06.02.2012 and 27.01.2013 the dates on which the Complainants demanded for the payment of the amount due to the Complainants. The Opposite Parties deliberately not paying the amount and so there is deficiency of service from the part of Opposite Parties. So the Complainant filed this complaint to get back the deposited amount with interest at the rate of 18% per annum with the cost and compensation.
2. The Opposite Parties entered in appearance and filed version. The Opposite Parties contended that the time limit for filing this complaint is already over and that Complaint is not maintainable and barred by limitation. So the Opposite Parties prays for the dismissal of complaint.
3. On considering the complaint and version the following points are to be considered.
1. Is there any deficiency of service on the part of Opposite Parties?
2. Relief and cost.
4. Points No.1 and 2:- In addition to complaint, the Complainant produced proof affidavit and the Complainant is examined as PW1 and Exts.A1 and A2 are marked. Ext.A1 is the receipt issued by Opposite Parties to the 1st Complainant on deposit of Rs.6,250/- under the project on 26.10.2005. Ext.A2 is the receipt issued by the Opposite parties to the 2nd Complainant on payment of Rs.10,000/- on 28.12.2005. The Complainant did not produce any document which offers lottery prize, double benefit of deposit amount. As per the complaint, the Complainant approached the Opposite Parties on maturity and on several occasions to get back the deposited amount with promised benefit of the scheme. But the Opposite Parties failed to refund the promised amount but sought times for payment whenever the Complainant asked repayment. The Forum found that there is no limitation and jurisdiction aspects in this case. So the contentions of Opposite Parties will not tie. According to the Opposite Parties 8 years have passed after deposit of amount and cause of action and so there is limitation. But on going through the complaint and chief affidavit, it is found that the Complainants approached the Opposite Parties finally on 27.01.2013 for getting deposited amounts with benefits. But Opposite Parties failed to pay the amount and again sought time. So refusal of demand on 27.01.2013 will also give rise to cause of action. So there is no delay in filing complaint. When the Opposite Parties going on refusing demand of refund, the Complainants have no other option but to approach this court for redressal. There is nothing to disbelieve the case of Complainants. The deposit of amount by Complainants is not denied by Opposite Parties. So relying the evidences of Complainants, the Forum found that there is deficiency of service from the part of Opposite parties. The Complainant is entitled to get back the deposited amount together with reasonable interest, cost and compensation. Points No.1 and 2 are decided accordingly.
In the result, the complaint is partly allowed and the Opposite Parties are directed to refund Rs.6,250/- (Rupees Six thousand Two hundred and Fifty) only to the 1st Complainant and Rs.10,000/- (Rupees Ten thousand) only to the 2nd Complainant with interest at the rate of 12% per annum from the date of deposit till the final payment. The Opposite Parties are also directed to pay Rs.2,000/- each (Rupees Two thousand) only as compensation to the Complainants along with Rs.1,000/- (Rupees One thousand) only each to the Complainants as cost of the proceedings. The Opposite Parties are jointly and severally liable to pay the amounts and comply the order within 30 days of receipt of this order.
Dictated to the C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 20th day of May 2014.
Date of filing: 25.11.2013
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainants:
PW1. Joseph. K. M. 1st Complainant.
Witnesses for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1. Receipt No.109554.
A2. Receipt No.147757.
Exhibit for the Opposite Parties:
Nil.
