By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Parties for the refund of the amount deposited.
2. The complaint in brief is as follows:- The Complainant is a depositor of Rs.20,000/- dated 15.06.2005. The Opposite Parties made an offer that the deposit in the Deepasthambham of the Opposite Parties would be multiplied in to several folds within few months. On 30.03.2010 the Complainant approached the Opposite Party for the refund of the amount deposited. Whereas the Opposite Party informed the Complainant that the return of the deposited sum is not possible due to the non availability of the fund. The offer of the Opposite party if becomes true the deposited sum would have raised to an amount of Rs.6,40,000/-. The non refund of the amount deposited with flimsy excuses are nothing but deficiency in service. The complainant is to be refunded Rs.6,40,000/- the amount due from the Opposite Party relying on their offer at the time of accepting deposit with cost and compensation.
3. The Opposite Parties filed version in short it is as follows:- The Complainant itself is barred by limitation of time. The allegation of Complainant that the Opposite Parties received a deposit of Rs.20,000/- in the Deepasthambham Project is false and in correct no amount was received as deposit by the Opposite Parties under any offer. The Complainant entrusted the Opposite Party Rs.20,000/- for the purchase of lottery tickets and issuing college magazines to its members who joined the scheme. The amount entrusted by this Complainant was used for purchasing lottery tickets of Rs.11,200/- and the Complainant was also sent college magazines. The allegation of the Complainant that the amount given would be multiplied in to cent percent within few months are only imaginary assessment. There is no promise to give back the amount entrusted within few months on making the amount doubled. The Complainant joined the scheme fully agreeing to the terms and conditions of the scheme. The refund of the amount deposited even after spending major portion of the amount for the purchase of lottery tickets is not possible. The Opposite Party is even ready to give back the amount deposited disregarding that a considerable portion of the amount was spent for purchase of lottery tickets. As a set back to the scheme case was registered against the Opposite Party and that is still continued. This is also an another reason withholding the Opposite party to give back the amount received. The Complainant is not entitled for refund of the amount and hence it is to be dismissed with cost.
4. Points in consideration are:-
Whether any deficiency in service on the part of the Opposite Parties for non refunding of the deposited sum?
Relief and cost.
5. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Ext.A1 and A2 the documents. Opposite Parties have not tendered any oral evidence. The Complainant is also examined as PW1. Rs.20,000/- is deposited by the Complainant in the scheme notified by the Opposite Parties. Ext.A2 is the brochure which specifies that the amount deposited under the schemes in the project would be multiplied within months. The profit of the scheme is that the deposited amount would be multiplied in to cent percent within months and in addition to that the lottery tickets purchased in behalf of the depositor would also make additional income if the prizes are won. On perusal of this documents it is further seen that to make the scheme trust worthy for the subscribers the reliability of the concern is stated in detailed. The depositors were offered of commission of lottery prizes and the lucky subscriber would get several lacks. The Opposite Party has not tendered any evidence in this case. The contention of the Opposite Party is that the refund of the amount is not within their reach is nothing but deficiency in service. The subscriber is trapped in covetous offers and the denial of the amount deposited amount to deficiency in service. The Opposite Parties are directed to refund the sum deposited by the complainant with interest along with cost.
In the result the complaint is partly allowed. The Opposite Parties are directed to refund Rs.20,000/- (Rupees Twenty thousand only) with interest at the rate of 12% from the date of deposit till the date of payment. The Complainant is also entitled for the cost of Rs. 2,000/- (Rupees Two thousand only). This is to be complied by the Opposite Parties within one month from the date of receipt of this order.
Pronounced in open Forum on this the day of 29th November 2010.
Date of filing:23.07.2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X
Witness for the Complainant:
PW1. Mathew. Complainant
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1. Copy of Receipt No.36901.
A2. Copy of Notice.
Exhibits for the Opposite Parties:
Nil.
