By. Sri. P. Raveendran, Member:
The brief of the complaint:- The Opposite party No.2 had extensively advertised through medias like television and newspaper that they launched a new scheme of deposit in which the deposit amount will be doubled within a few period ie within two years. The complainant approached the opposite party No.1 and enquired about the scheme at that time opposite party No.1 assured that the amount will be doubled within 2 years and other benefits will be given to the complainant. Believing the opposite party No.1 and 2, on 05.05.2007 the complainant deposited an amount of Rs.57,000/- with the opposite party and the opposite party issued receipts for the above amount. In the receipts it is shown that the amount will mature on 28.03.2009. Thereafter the maturity time is over the complainant approached 1st opposite party and demanded to return the amount as per their terms, but the 1st opposite party requested time to pay the amount. Thereafter the complainant approached opposite parties for several times but till date the opposite parties have not paid the amount due to the complainant, as per the promise of the opposite party. Now the complainant is entitled for a sum of Rs.2,28,000/- and compensation of Rs.15,000/-. The complainant approached opposite party on 16.10.2011 and thereafter on several occasions. But the opposite party failed to repay the amount as promised by them that is deficiency of service on the part of the opposite parties. Hence it is prayed that the Forum may pass an order directing opposite party No.1 and 2 to pay Rs.2,28,000/- and Rs.15,000/- as compensation with interest and cost of this complaint.
2. Vakalath proposed for opposite parties, time is granted to the opposite parties to file vakalath and version. But the opposite parties have not filed their version. Hence the opposite parties are set as expartes proceeded with the case.
3. Considering the complaint the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
4. Point No.1 :- To prove the complainant's case he has filed his proof affidavit. Ext.A1 to A4 were also marked to prove the case. In the affidavit he stated as stated in the complaint. Ext.A1 to A4 are the copy of the beneficiary certificates issued by the opposite party in favor of the complainant. On going through the Ext.A1 to A4 it is clear that the complainant has deposited an amount of Rs.57,000/- with the opposite party. In the above documents the date of expiry is noted as 28.03.2009. In the Ext.A1 to A4 shows that the complainant is deposited an amount of Rs.57,000/- with the opposite parties. So non return of the deposited amount with their assurance is deficiency of service on the part of the opposite parties. Point No.1 is decided accordingly.
5. Point No.2 :- Even though the complainant has stated that the deposited amount will be doubled within a period of two years. But no document is produced before us to show that the deposited amount will be doubled within two years. In Ext.A1 to A4 clearly showed that the complainant has deposited an amount of Rs.57,000/- with the opposite parties and the opposite parties issued the above certificate into that effect. Hence the complainant is entitled to get Rs.57,000/- along with 12% interest from the date of deposit to till the payment is made. He is also entitled to get Rs.3,000/- as compensation and Rs.500/- as cost of this litigation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite parties are directed to pay an amount of Rs.57,000/- ( Rupees Fifty Seven Thousand Only) with 12% interest from the date of deposit till the payment is made. Opposite parties are also directed to pay an amount of Rs.3,000/- (Rupees Three Thousand Only) as compensation and Rs.500/- (Rupees Five Hundred Only) as cost of this litigation.
Pronounced in Open Forum on this the day 31st January 2012.
Date of Filing:11.11.2011.