Kerala

Trissur

CC/13/549

Joy M O - Complainant(s)

Versus

Manager, Lis Charitable Trust - Opp.Party(s)

A D Benny

16 Sep 2014

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/13/549
( Date of Filing : 12 Nov 2013 )
 
1. Joy M O
Manjally House,Karuvannur p o,Puthanthode,Thrissur,Now at:Joy M O,Manjally House,Palissery P O,
Thrissur
...........Complainant(s)
Versus
1. Manager, Lis Charitable Trust
Jomsons Tower,P O Road,
Thrissur
2. Lis Charitable Trust
Rep by Mg Trustee,Admn office,palackkal court,M G Road,Ernakulam,
Cochin
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:A D Benny, Advocate for the Complainant 1
 
Dated : 16 Sep 2014
Final Order / Judgement

Present:  1. Smt. Padmini Sudheesh, President.

                                 2. Smt. Sheena.V.V, Member.

                                 3. Sri.M.P.Chandrakumar, Member

 

                                      29th day of October 2014

                                     C.C.549/2013 filed on 12-11-13

 

Complainant:        Joy M.O., Manjali (H), Palilssery P.O., Thrissur.

                             (By Adv. A.D. Benny, Thrissur)

 

Respondents: 1.     Manager, LIS Charitable Trust, Jomsons Tower, Thrissur

                     2.     LIS Charitable Trust, Rep. by Managing Trustee, M.G. Road,                       Ernakulam.          

                                                O R D E R

 

By, Sri.M.P.Chandrakumar, Member:

 

The case of the petitioner is that he had deposited Rs.50,000/- as per receipt no. 58932 dated 16-7-2005 and also Rs.50,000/-, vide receipt no.64134 dated 23-7-05, with the respondents.  The promise of the respondents was that the amount deposited will double in seven years.  However, the amount has not been refunded, as promised.  A lawyer notice was sent to the respondents on 24-9-13, for which no positive action.  Since, the action on the part of the respondents is illegal and wrong, the complaint filed.

 

2.  The respondents remained exparte.  The petitioner filed affidavit and exhibits P1 to P5.  There is no evidence to the contrary.

 

3. The Forum has gone through the above receipts, as per which, the amounts have been collected as ‘LIS Deepastambham Project Membership’.  There is no mention of receiving the amount as a deposit, to returned, with double the amount after seven years as claimed by the petitioner.   However, the respondents have remained exparte and since there is no evidence to the contrary, we are compelled us to believe the words of the petitioner.

 

4.  In the result, the complaint is allowed.  The respondents are directed to return double amount of Ext. P1 and P2 amount with interest at the rate of 12% p.a. from the date of complaint till realisation with cost Rs.750/- (Rupees Seven Hundred and Fifty only) within two months of the date of receipt of this order.

 

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of October 2014.

 

     M.P.Chandrakumar, Member

                                                                     

 

     Padmini Sudheesh, President.

 

 

    Sheena.V.V, Member.

 

                                      Appendix

 

Complainant’s Exhibits:

Ext. P1 – Receipt No. 58932

Ext. P2 – Receipt No. 64134

Ext. P3 – copy of lawyer notice

Ext. P4 – Postal receipt

Ext. P5 – Acknowledgment card

                                                          Member

 

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