Kerala

Wayanad

CC/10/2015

Devendran P.V., Parakandy House - Complainant(s)

Versus

Lis Deepasthambham Represented By its Branch Manager, P. J. Francis, - Opp.Party(s)

31 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/10/2015
 
1. Devendran P.V., Parakandy House
Pozhuthana Post, Athimoola
Wayanad
Kerala
...........Complainant(s)
Versus
1. Lis Deepasthambham Represented By its Branch Manager, P. J. Francis,
P.K. Tower, Near New Bus Stand, Main Road, Kalpetta
Wayanad
Kerala
2. Sri. P.V. Chacko
Managing Partner,Lis Deepasthambham, Palackal Court, Near Shenoys, M.G. Road, Ernakulam, Cochin
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 23.02.2006 complainant deposited Rs.13,750/- as per Receipt No.183588 in Deepasthambham Project of opposite parties at Kalpetta. 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 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. Notice send to opposite parties but opposite parties not appeared before the Forum. Hence the opposite parties are set ex-parte on 13.02.2015 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 document is marked as Ext.A1. Ext.A1 is the Receipt bearing No.183588 for Rs.13,750/- dated 23.02.2006. On perusal of document it is clear that the complainant deposited Rs.13,750/- 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 30.03.2014 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 party is directed to pay Rs.13,750/- (Rupees Thirteen Thousand Seven Hundred and Fifty) 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 31st day of March 2015.

 

 

Date of Filing:24.12.2014.

 

 

PRESIDENT :Sd/-

MEMBER :Sd/- MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

 

 

APPENDIX.

 

Witness for the complainant:-

 

PW1. Devendran. P. V. (affidavit)

 

 

Witness for the Opposite Parties:-

 

Nil.

 

Exhibits for the complainant:

 

A1. Receipt No.183588 dt:23.02.2006.

 

 

 

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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