Present:  1. P.K. Sasi, President.

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

                                          3. Sri. M.P. Chandrakumar., Member.

                                                                     12^th  day of February 2015

                                          C.C.389/14  filed on 5-7-14

Complainant:         P. Surendran, Parayil (H), P.O. Pullazhi, Thrissur.

                             (By Adv. A.D. Benny)

Opposite Parties:   1.  Manager, LIS Charitable Trust, Jomsons Tower, P.O. Road,

                                    Thrissur.

                             2.  LIS Charitable Trust, Rep. by Managing Trustee, Admn. 

                                    Office, Palakkal court, M.G. Road, Ernakulam.

O R D E R

By Sri. M.P. Chandrakumar, Member.

The case is that the complainant had deposited Rs.15625/- with the opposite party during 2005, on receiving  the promise that double the deposited amount will be refunded after 7 ½ years.  However, the amount has not been refunded by the opposite party, as promised, even after sending a lawyer notice on 23/5/2014.  The action of the opposite party, is wrong, illegal and thereby deficiency of service and unfair trade practice.  Hence the complaint filed.

2.  The opposite parties remained exparte.  The complainant has filed affidavit and exhibits A1 series (5 nos.), A2 and A3.  There is no evidence to the contrary.

3.  The Forum has gone through the records, in detail.  It is seen that, as per Exhibit A1, the opposite parties have received from the complainant Rs.10,000/- vide Receipt No.25952/23.5.2005, Rs.2500 vide receipt No.42758/24-6-2005, Rs.625/- vide Receipt No.70363/6-8-2005, Rs.1250/- vide Receipt No.75656/19.8.2005 and Rs. 1250/- vide receipt No.108603 dated 25-10-2005, towards LIS Deepastambham Project Membership.  Since the amount has been received, it is the bounden duty of the opposite party, to refund the amount, as promised.  As such, the non-refund of the amount even in spite of the lawyer notice, amounts to deficiency of service and unfair trade practice.

4.  In the result, the complaint is allowed.  The opposite parties are directed to refund double of the amount received, along with interest at 12% for the amount on completion of 7 ½ years.  This is, in addition to Rs.1000/- (Rupees One thousand only) towards cost.  The order should be implemented within 2 months of the receipt of copy of this order.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this 12^th day of February 2015.

Sd/-                                                           Sd/-                                  Sd/-

M.P. Chandrakumar                       Sheena V.V.                                P.K. Sasi                                                                                       

        Member                                    Member                                          President                                                        

                                                                Appendix

Complainant’s Exhibits:

Ext. P1 series – Receipts (5 nos.)

Ext. P2 – Copy of lawyer notice

Ext. P3 series – Postal Receipts (2 nos.) 

Id/-

Member