Kerala

Wayanad

CC/50/2015

Prasad P.V., Aged 55 Years, - Complainant(s)

Versus

Lis Deepasthambam Project and DLS jyothis Projects, Represented by its Branch Manager, P.K. Tower, - Opp.Party(s)

29 Apr 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/50/2015
 
1. Prasad P.V., Aged 55 Years,
S/o. R.N. Kuppathode, Geethanjaly, Kalpetta North Post and Village, Vythiri Taluk
Wayanad
...........Complainant(s)
Versus
1. Lis Deepasthambam Project and DLS jyothis Projects, Represented by its Branch Manager, P.K. Tower,
Near New Bus stand, Kalpetta post, and Village, Vythiri Taluk
Wayanad
Kerala
2. Kuriachan Chacko,S/o. P. V. Chacko, Managing Trustee, M/s. LIS Deepasthambam Project,
Palackal Court, near Shenoy's, M. G. Road, Ernakulam, Kochi
Ernakulam
Kerala
3. P. V. Chacko, Managing Partner/ Trustee, LIS Deepasthambam Project
Palackal Court, Near Shenoy's, M.G. Road Ernakulam
Ernakulam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Jose V. Thannikode PRESIDENT
 HON'BLE MRS. Renimol Mathew MEMBER
 HON'BLE MR. Chandran Alachery MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

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 amount with offered benefits together with compensation and cost of the proceedings.

 

2. Brief of the complaint:- On 15.05.2007 complainant deposited Rs.12,000/- each as per Beneficiary Certificates No.30032 and 30033 respectively in the Jyothis Project of opposite parties. At the time of deposit opposite parties assured that the deposited amount will be doubled after two years. Thereafter when the maturity time attained the complainant approached the opposite parties and demanded to return the amount deposited as per the promise. But opposite parties requested further time to pay the amount, but till this date opposite parties had not paid the deposited amount with offered benefits of the scheme. The complainant alleged that the non refund of the deposited amount with all offered benefits even after repeated demands is deficiency in service on the part of the opposite parties. Hence filed this complaint.

 

3. Notice send to opposite parties but opposite parties not appeared before the Forum. Hence the opposite parties are set ex-parte on 26.03.2015 and proceeded with the case.

4. On considering the complaint and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service on the part of the opposite parties?

2. Relief and Cost.

 

5. Point No.1:- Complainant filed affidavit and produced documents were marked as Ext.A1 and Ext.A2. Ext.A1 and A2 are the Beneficiary Certificates bearing No.30032 and 30033 for Rs.12,000/- each dated 15.05.2007. On perusal of documents it is clear that the complainant and her father deposited Rs.24,000/- to opposite parties. On several occasions complainant contacted the opposite parties to get back the deposited amount, but opposite parties not returned the amount and requested further time to repay the amount. Lastly on 31.12.2013 also complainant approached opposite parties and requested for the return of deposited amount. On considering all these aspects Forum finds that there is deficiency of service from the part of opposite parties. So the complainant is entitled to get the deposited amount with reasonable cost, compensation and interest. The Point No.1 is found accordingly.

 

6. Point No.2:- The Point No.1 is found in favor of the complainant. Hence the complainant is entitled to get the deposited amount with reasonable interest, 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.24,000/- (Rupees Twenty Four Thousand) only with 10% interest to the complainant from the date of complaint. The opposite parties are also directed to pay Rs.3,000/- (Rupees Three Thousand) only as compensation and Rs.3,000/- (Rupees Three Thousand) only as cost of the the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for interest at the rate of 12% for whole amount till realization.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of April 2015.

 

Date of Filing:19.02.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

 

Sd/-

PRESIDENT, CDRF, WAYANAD.

 

APPENDIX.

 

Witness for the complainant:-

 

PW1. Prasad. P. C. (Affidavit) Complainant.

 

Witness for the Opposite Parties:-

 

Nil.

 

Exhibits for the complainant:

 

A1. Beneficiary Certificate No.30032. dt:15.05.2007.

 

A2. Beneficiary Certificate No.30033. dt:15.05.2007.

 

 

Exhibits for the opposite parties:-

 

Nil.

 

 

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-

 


 


 

 

 

 
 
[HON'BLE MR. Jose V. Thannikode]
PRESIDENT
 
[HON'BLE MRS. Renimol Mathew]
MEMBER
 
[HON'BLE MR. Chandran Alachery]
MEMBER

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