Kerala

Wayanad

CC/205/2011

M. Aysha. - Complainant(s)

Versus

Lis Deepasthambham project, rep by its Manager. - Opp.Party(s)

31 Jan 2012

ORDER

 
CC NO. 205 Of 2011
 
1. M. Aysha.
W/o Abdulla,aysha mansil, East palamuck,Nalloornadu Post.
Wayanad
Kerala
...........Complainant(s)
Versus
1. Lis Deepasthambham project, rep by its Manager.
DLS Jyothis project, PK tower,near new bus stand main road, Kalpetta.
Wayanad
Kerala
2. P.V. Chacko.
Managing Partner/trustree, LIS Deepasthambham project, palakkal court, near shenoys, MG road,Ernakulam.
Ernakulam
Kerala
3. Joy John
Managing Partner, MSDLS Jyothis project, palakkal court, near shenoys, MG road, Ernakulam.
Ernakulam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. K GHEEVARGHESE PRESIDENT
 HONORABLE MRS. SAJI MATHEW Member
 HONORABLE MR. P Raveendran Member
 
PRESENT:
 
ORDER

 

By. Smt. Saji Mathew, Member:-

The gist of the complaint is as follows:- The complainant deposited an amount of Rs.2,500/- as per receipt No.88923 on 24.09.2005, Rs.2,500/- as per receipt No.108503 on 25.10.2005 and Rs.2,500/- as per receipt No.116788 on 31.10.2005. Again on 05.05.2007 the complainant deposited Rs.30,000/- as per receipt No.24800 and Rs.2,000/- as per receipt No.24798 and Rs.5,000/- as per receipt No.24793 with the opposite parties. At the time of making the deposits the opposite parties gave an assurance that the amount would double within a period of two years.


 

2. From 2007 onwards the complainant is demanding for return of the deposit with the offered benefits. But the opposite parties are evading payment stating some excuses. So there is deficiency in service on the side of the opposite parties. Hence the complainant prays for an order directing the opposite parties to pay the return of deposit with the offered benefits which would amount to a total of Rs.1,98,000/- and a compensation of Rs.10,000/-.


 

3. The opposite parties has not appeared before the Forum and hence the case was decided exparte. The complainant filed proof affidavit and documents were marked as Ext.A1 to A6.


 

4. The matters to be decided are:-

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

2. Whether the complainant is entitled for any benefits?


 

5. Point No.1:- Ext.A1 to A6 shows that the complainant had invested a total amount of Rs.44,500/- with the opposite parties. There is no evidence to show that the deposit was repaid. Hence the case of the complainant is taken as true and Point No.1 is found against the opposite parties.


 

 

6. Point No.2 :- There is no evidence to show any assurance by the opposite parties to double the deposit by two years. But the complainant is entitled to get the deposited amount with reasonable interest and compensation.


 

Hence the complaint is partly allowed and the opposite parties are directed to give the complainant an amount of Rs.44,500/- (Rupees Forty Four Thousand and Five Hundred Only) with 10% interest from the date of deposit till payment. The opposite parties are also directed to give the complainant compensation of Rs.2,000/- (Rupees Two Thousand Only). This Order is to be complied within 30 days of this Order.

Pronounced in Open Forum on this the day of 31st January 2012.

Date of Filing:11.11.2011.

 
 
[HONORABLE MR. K GHEEVARGHESE]
PRESIDENT
 
[HONORABLE MRS. SAJI MATHEW]
Member
 
[HONORABLE MR. P Raveendran]
Member

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