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:- 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 deposited Rs.17,000/- on 17.05.2007 as per Beneficiary Certificate No.30051 and on 31.05.2007 the complainant had deposited Rs.25,000/- as per Beneficiary Certificate No.45358 and on 21.06.2007 complainant deposited Rs.17,000/- as per Beneficiary Certificate No.64817. Thereafter complainant deposited Rs.10,000/- and Rs.25,000/- on 30.11.2009 and 08.09.2010 as per Receipt No.10810 and 18869 respectively. 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 party requested further time to pay the amount, but till this date opposite parties have not paid 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. The opposite parties filed version in short it is as follows:- The opposite parties stated that the time limit for filing this complaint is already over and the complaint is not maintainable and barred by limitation. As per the complaint the cause of action arouse is in the year 2007, 6 years have passed after the cause of action so they stated that this complaint is barred by limitation, so they prays for the dismissal of the complaint.
4. Complainant filed I.A No.254/2014 to condone the delay. At the time of deposit opposite parties promised that the amount will be doubled within 2 years. After that the double amount will be returned with lottery prize and benefits. Thereafter opposite parties extended the time for repayment. On several occasions the complainant contacted the opposite parties directly and over phone to get back the deposited amount, always they have extended the time for payments. Hence the I.A No.254/2014 filed by complainant to condone the delay is allowed and the delay is condoned.
5. On considering the complaint, version 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.
6. Point No.1:- Complainant submitted that no oral evidence from the part of him, hence produced documents were marked as Ext.A1 to A5. Ext.A1 to A3 are the Beneficiary Certificates bearing No.30051, 45358, 64817 of Rs.17,000/-. Rs.25,000/- and Rs.17,000/- respectively. Ext.A4 and A5 are the Receipts for Rs.10,000/- and Rs.25,000/- dated 30.11.2009 and 08.09.2010 respectively. Heard both parties on perusal of document it is clear that the complainant deposited Rs.94,000/- to opposite parties. On several occasions complainant contacted the opposite parties to get back the deposited amount, lastly on 28.04.2013 also complainant approached opposite parties and requested for the return of deposited amount but opposite parties not returned the amount and requested further time to repay the amount. So the contention regarding the limitation is not maintainable. 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.
7. 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.94,000/- (Rupees Ninety Four Thousand Only) with 10% interest to the complainant from the date of complaint. The opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand only) as compensation and Rs.5,000/- (Rupees Five 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 the 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 23rd day of December 2014.
Date of Filing:07.11.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Beneficiary Certificate No.30051. dt:17.05.2007.
A2. Beneficiary Certificate No.45358. dt:31.05.2007.
A3. Beneficiary Certificate No.64817. dt:21.06.2007.
A4. Receipt No.10810. dt:30.11.2009.
A5. Receipt No.18869.. dt:08.09.2010.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
