| Complaint Case No. CC/11/2 |
| | | | 1. K.R.SANTHI | | W/O LATE SREENIVASAN, H NO6/1822, PREMANIKUNJAM, THEKKEMADOM, PALACE ROAD, MATTANCHERRY P.O,KOCHI 682 002. | | 2. S.RADHIKA | | D/O LATE C.SREENIVASAN,H.NO.6/1822,PREMANIKUNJAM, THEKKEMADOM, PALACE ROAD,MATTANCHERRY.P.O.COCHIN 682 002. | | 3. S.JAYASREE, D/O LATE C.SREENIVASAN, | | H.NO 6/1822, PREMANIKUNJAM, THEKKEMADOM, PALACE ROAD, MATTANCHERRY P.O,KOCHI 682 002. | | 4. S.CHARUKESI, D/O LATE C,SREENIVASAN | | H.NO 6/1822, PREMANIKUNJAM, THEKKEMADOM, PALACE ROAD, MATTANCHERRY P.O,KOCHI 682 002. | | 5. S.CHANDRA MOULI, S/O LATE C. SREENIVASAN | | H.NO 6/1822, PREMANIKUNJAM, THEKKEMADOM, PALACE ROAD, MATTANCHERRY P.O,KOCHI 682 002. |
| ...........Complainant(s) | |
| Versus | | 1. LIS(REGD) REG.NO1741/2002 | | REPRESENTED BY ITS MANAGING TRUSTEE MR. CHACKO, REGD. OFFICENo:3005 12TH 'A' MAIN, 8TH CROSS HALL 2ND STAGE, INDIRA NAGAR, BANGLORE-560038. | | 2. MR. P.V. CHACKO, FCA, | | MANAGING TRUSTEE, LIS(REG) REG NO 1741/2002, ADMINISTRATION OFFICE:PALACKAL COURT, M.G. ROAD, ERNAKULAM, KOCHI-682 032. |
| ............Opp.Party(s) |
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| ORDER | BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM. Date of filing : 03/01/2011 Date of Order : 30/09/2011 Present :- Shri. A. Rajesh, President. Shri. Paul Gomez, Member. Smt. C.K. Lekhamma, Member. C.C. No. 2/2011 Between
1. K.R. Santhi, | :: | Complainant | W/o. Late C. Sreenivasan, H. No. 6/1822, Premanikunjam, Thekkemadom, Palace Road, Mattanchery. P.O., Kochi – 682 002. 2. S. Radhika, D/o. Late C. Sreenivasan, H. No. 6/1822, Premanikunjam, Thekkemadom, Palace Road, Mattanchery. P.O., Kochi – 682 002. 3. S. Jayasree, D/o. C. Sreenivasan, H. No. 6/1822, Premanikunjam, Thekkemadom, Palace Road, Mattanchery. P.O., Kochi – 682 002. 4. S. Charukesi, D/o. C. Sreenivasan, H. No. 6/1822, Premanikunjam, Thekkemadom, Palace Road, Mattanchery. P.O., Kochi – 682 002. 5. S. Chandra Mauli, S/o. C. Sreenivasan, H. No. 6/1822, Premanikunjam, Thekkemadom, Palace Road, Mattanchery. P.O., Kochi – 682 002. |
| (Compts. by Adv. A. Anilkumar, H. No. IV/1044 'C', North Cherlai, Kochi – 682 002) |
And
1. LIS (Regd.) Reg. No. 1741/2002, | :: | Opposite parties | Rep. by its Managing Trustee, Mr. Chacko, Regd. Office : No. 3005, 12th 'A' Main, 8th Cross Hall 2nd stage, Indira Nagar, Bangalore – 560 038. 2. P.V. Chacko, FCA, Managing Trustee, LIS (Regd.) Reg. No. 1741/2002, Administration Office, Palackal Court, M.G. Road, Ernakulam, Kochi – 682 035. |
| (Op.pts absent) |
O R D E R Paul Gomez, Member.
1. The complaint unfolds the following facts : The late husband of the 1st complainant had deposited various amounts at different dates under the scheme called “Deepasthambam Project” floated by the opposite parties. It was projected as an ambitious project by the opposite parties in order to canvass the public to join the scheme. It was held out to be a charitable programme for the promotion of welfare of the down trodden. At the same time, it was assured that the depositors would get their money back with profits. It was promised that it would be achieved through the purchase of lottery tickets. It is learnt that no tickets were purchased and the profits remained to be empty. At any rate, it was promised to the complainants that their deposits would be returned by May 2010 with 18% interest from the date of respective deposits. This complaint is filed with the purpose of getting refund of the deposited amount, compensation and costs.
2. The opposite parties represented, but failed to file version. 3. No oral evidence for the complainants. Exts. A1 to A15 were marked on their side. No evidence for opposite parties. A settlement was projected but failed. Learned counsel for the complainant was heard.
4. The point for determination are :- Whether the complainants are entitled for the refund of the deposits? What are the other reliefs, if any
5. Point Nos. i) and ii) :- The 1st complainant is the wife of late Sri. C. Sreenivasan. Other complainants are their children. The deceased Sreenivasn had deposited various amounts in a scheme conducted by the opposite parties by name “Deepasthambam Project.” Exts. A1 to A13 would stand testimony to such deposits in the name of his wife and children. Exts. A14 copy of death certificate would show that the said C. Sreenivasan died on 04-10-2007. Ext. A14 is the application submitted by the wife of the deceased to withdraw the amounts. But obviously nothing has turned out in favour of the request. Hence this complaint.
6. The conduct of the opposite parties would go to show that the averments made by the complainants are true and they have nothing in their command to controvert the same. Moreover, they have initially co-operated with a projected settlement, but subsequently they have backtracked. This conduct is enough to strengthen the stand of the complainants. Therefore the complaint is allowed with interest. Whereas interest is allowed, we do not think that award of compensation is justified. But they are entitled for costs of the proceedings.
7. Accordingly, the complaint stands allowed as follows : The opposite parties shall jointly and severally refund Rs 1,02,500/- (Rupees one lakh two thousand and five hundred only) as a whole to the respective complainants in accordance with Ext. A15 withdrawal application submitted by the 1st complainant with interest at the rate of 9% from the respective date of deposits till realisation. The opposite parties shall jointly and severally pay Rs. 1,000/- towards costs of the proceedings to the 1st complainant.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order. Pronounced in open Forum on this the 30th day of September 2011. Sd/- Paul Gomez, Member. Sd/- A. Rajesh,President. Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :- Exhibit A1 | :: | Copy of the receipt dt. 19-10-2005 | “ A2 | :: | Copy of the receipt dt. 12-04-2006 | “ A3 | :: | Copy of the receipt dt. 19-10-2005 | “ A4 | :: | Copy of the receipt dt. 19-04-2006 | “ A5 | :: | Copy of the receipt dt. 25-04-2006 | “ A6 | :: | Copy of the receipt dt. 19-10-2005 | “ A7 | :: | Copy of the receipt dt. 25-04-2006 | “ A8 | :: | Copy of the receipt dt. 19-10-2005 | “ A9 | :: | Copy of the receipt dt. 25-04-2006 | “ A10 | :: | Copy of the receipt dt. 19-10-2005 | “ A11 | :: | Copy of the receipt dt. 25-06-2006 | “ A12 | :: | Copy of the receipt dt. 16-06-2005 | “ A13 | :: | Copy of the receipt dt. 08-03-2006 | “ A14 | :: | Copy of death certificate dt. 08-10-2007 | “ A15 | :: | Copy of the application dt. 19-03-2010 |
Opposite party's Exhibits :: Nil
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Date of Despatch of this Order :: By Post :: By Hand :: | |
