CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M.Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No 327/11
Saturday the 28th day of April, 2012
Petitioner : Irene Jacob,
Kalarickal House,
Collectorate PO,
Kottayam.
(Adv.Thomas Kurian K)
Vs.
Opposite party : Lis Educational and Charitable Trust,
Palackal Court, Near Shenoy’s
M.G.Road Cochin-35 Rep.by
Chairman P.V. Chacko.
2) Joy John,
Managing Partner,
M/s. DLS Jyothis Project,
Bharathi Building, MG Road,
Ernakulam.
ORDER
Smt. Bindhu M.Thomas, Member
The crux of the complainant’s case is as follows.
The complainant deposited Rs. 40,000/- with the opposite parties in their Jyothis Project on 21/06/07(user name Kala 000741007) and another deposit of Rs.12,000/-(user name Kala 000740007) on 21/06/07. The opposite parties induced the complainant to deposit the said amount with them, made him believe that the said deposit will be returned by them on demand with the benefits and interest as assured, offered, published and advertised. The opposite parties purposefully evaded from repayment of the said amount. On many occasions, the complainant contacted the opposite parties and requested to settle the matter but they protracted the matter seeking more time. The complainant alleged that the opposite parties have dishonestly misappropriated and used the said amount for their unlawful gain. Hence the complainant filed this complaint claiming Rs.52,000/- with 12% interest along with compensation and cost.
Notice was served to the opposite parties and they entered appearance. But the opposite parties failed to file version and were set expartee.
Points for consideration are:
i) Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
ii) Reliefs and costs?
Evidence consists of affidavit of the complainant and Exts.A1 to A2
Point No.1
The complainant averred that he deposited Rs. 40,000/- with the opposite parties vide user name Kala 000741007 and another Rs.12,000/- vide user name Kala 00074007 on 21/06/07. Evidencing the said deposits, the complainant filed copies of receipts for Rs.40,000/- and Rs.12,000/- and they are marked as Exts A1 & A2. It was further averred by the complainant that the opposite parties purposefully and maliciously evaded from repayment of the said amount. It was next averred that the opposite parties have dishonestly misappropriated and used the amount for their unlawful gain. As the opposite parties chose not to contest, the allegations of the complainant against the opposite parties remain unchallenged. On perusal of the evidence placed on record, we find the opposite parties deficient in their service. Point no.1 is found accordingly.
Point No.2
In view of the findings in point no.1, the complaint is to be allowed.
The complaint is ordered as follows.
The opposite parties will pay Rs.52,000/- with interest @ 12% per annum from 21/06/07 till realization along with compensation Rs.1500/- and litigation cost Rs.1000/-
This order will be complied with within one month of receipt of the copy of the order.
Smt. Bindhu M.Thomas, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1-Copy of receipt for dtd 21/6/07 for Rs.40,000/-
Ext.A2-copy of receipt dtd 21/6/07 for Rs.12,000/-
Documents of opposite party
Nil
By Order,
Senior superintendent.
