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 amounts with offered benefits, compensation and cost of the proceedings.

2. Brief of the complaint:- Attracted by the advertisements given by opposite parties through newspapers and television throughout Kerala including Wayanad that they are launching a new scheme of deposit. The deposit amount will be doubled within two years and also providing services of lottery tickets for the customers. On believing this the deceased wife of the complainant No.1 joined in this scheme and deposited a sum of Rs.6,250/- on 25.05.2005 as per Receipt No.108812 and obtained 10 units. Its maturity value was Rs.12,500/-. Again the deceased wife of the complainant had deposited Rs.40,000/- on 02.07.2007 as per the Beneficiary Certificate No.68220 and its date of expiry was 25.05.2009 its maturity value was Rs.80,000/- and Rs.24,000/- was deposited on 02.07.2007 as per the Beneficiary Certificate No.68221 and its expiry date was 25.05.2009 its maturity value was Rs.48,000/-. The amounts were deposited at Kalpetta and receipts were issued at Kalpetta. After the maturity the complainant approached the opposite parties demanding the return of deposited amount with promised benefits but opposite parties requested another 5 years to return the amounts with benefits as promised. Accordingly opposite parties promised that they will be able to restart the business shortly and they will return the amounts with benefits on 25.10.2013. Complainants again contacted the opposite parties but they did not paid the amount till this date. The 1^st complainant's wife Leelamma Abraham @ Leelamma John died on 09.11.2009, her legal heirs are the complainants. The children of the deceased had executed the Power of Attorney in favour of the complainant, hence the complainants filed this complaint to get back the deposited amount with promised benefits. According to the complainant he is entitled to get back the entire amount deposited with promised benefits. Now the opposite parties are evading the payments with an intention to exploit the complainants. This amounts to deficiency of service from the part of opposite parties and complainant's estimated compensation of Rs.25,000/-.

3. Opposite parties appeared and filed version in short it is as follows:- According to opposite parties complaint is not maintainable either in law or facts and hence it is liable to be dismissed. Again opposite parties submitted that complainant is a customer of opposite party No.2's business 'Jyothis Project' and Beneficiary Certificate issued by the opposite party No.2's firm is not made available to prove the claim of the complainant with Jyothis Project. There is an Arbitration Agreement is subsisting between complainant and opposite parties firm to resolve the dispute between them. The complainant had to avail the remedy of Arbitration instead of complaint, it is agreed between parties.

4. Opposite parties/petitioner filed I.A No.27/2014 challenging the maintainability in limitation aspects of Consumer Protection Act. They argued that six years have passed after the cause of action. Hence this complaint is barred by limitation. Complainant/Respondent filed counter in this I.A and heard both parties, then the complainant/petitioner filed I.A No.185/2014 along with a letter sent by opposite parties to the complainant dated 19.11.2009. Opposite parties/Respondents filed counter in I.A and heard the parties. Complainant/Petitioner submitted that 1^st complainant's wife had deposited the amounts with opposite party No.1. The date of maturity of deposit was 25.10.2007 and 25.05.2009 this complaint ought to have filed on or before 25.10.2007 and 25.05.2009. The entire deposit receipts and said documents are in the custody of deceased Leelamma Abraham @ Leelamma John the wife of the complainant No.1 and mother of the other complainants. But Leelamma Abraham @ Leelamma John died on 09.11.2009, on 30.11.2013 only the complainant have recovered the deposit receipts. There is 1496 days delay happened in filing the compliant. From this the Forum convinced that there is sufficient reason to condone delay, there is not will full default on the part of this complainant's to file this complaint within time. Hence the I.A No.185/14 was allowed and I.A No.27/2014 is dismissed.

5. On considering the complaint, version and documents the following points for consideration:-

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

2. Relief and Cost.

6. Point No.1:- The complainant No.1 filed chief affidavit on behalf of him and on behalf of other complainants and examined as PW1, produced documents were marked as Ext.A1 to A7. Ext.A1 is the copy of Death Certificate. Ext.A2 is the copy of Legal Heirs Certificate. Ext.A3 is the copy of Power of Attorney executed by the Legal heirs in favor of the 1^st complainant. Ext.A4 is the Receipt No.108812 dated 25.10.2005 of Rs.6,250/-. Ext.A5 is the Beneficiary Certificate No.68220 dated 02.07.2007 of Rs.40,000/-. Ext.A6 is the Beneficiary Certificate No.68221 dated 02.07.2007 of Rs.24,000/-. Ext.A7 is the Letter dated 19.11.2009. On verification of Ext.A7 the Forum found that this is an invitation letter sent by opposite parties to the complainant including the crisis faced by them to continuing there project and had also including attractive offers from new Jyothis Scheme. From Ext.A7 it is clear that there is a good customer relation between opposite parties and complainants. As per Ext.A4 to A6 the date of maturity of the deposit was 25.10.2007 and 25.05.2009. But in the witness Box complainant submitted that due to the death of the complainant's wife he could not trace out the deposit receipts in time. All the documents are with the custody of his deceased wife. On 30.11.2013 the complainant recovered the deposit receipts. Opposite parties stick on the limitation aspect but there is sufficient reason to condone the delay. Complainant argued that in this circumstances opposite party assured that amount will be doubled within two years and other benefits in the lottery will be given. The same promises were made by opposite parties No.2 and 3 over phone. On believing the assurance the complainant happened to join this scheme. Now the opposite parties are evading the payment with an intention to exploit the complainant. Now they are raising baseless contentions. Only because of the fault from the part of the opposite parties complainant unable to recover the deposit. After attaining maturity opposite parties sought another 5 years time to return the amount. In this circumstances Forum found that there is deficiency of service from the part of the opposite parties and complainant's are entitled to get deposited amount with offered benefits and compensation. The Point No.1 is found accordingly.

7. Point No.2:- The Point No.1 is found in favour of the complainant. Hence the complainant is entitled to get the deposited amount, interest, compensation and cost.

In the result the complaint is partly allowed and the opposite parties are directed to pay the complainant Rs.12,500/- (Rupees Twelve Thousand and Five Hundred only) with 12% interest from 25.10.2007 and Rs.1,28,000/- (Rupees One Lakh Twenty Eight Thousand only) with 12% interest from 25.05.2009 with compensation of Rs.25,000/- (Rupees Twenty Five Thousand only). This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30^th day of August 2014.

Date of Filing:03.12.2013.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. P. T. Abraham. Advocate.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Copy of Death Certificate. Dt:20.11.2009.

A2. Copy of Legal heirs Certificate. Dt:10.03.2010.

A3. Copy of Power of Attorney.

A4. Receipt No.108812. Dt:25.10.2005.

A5. Beneficiary Certificate No.68220. Dt:25.05.2009.

A6. Beneficiary Certificate No.68221. Dt:25.05.2009.

A7. Letter. Dt:19.11.2009.

Exhibits for the opposite Parties.

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.