Kerala

Trissur

CC/14/373

C O Jose - Complainant(s)

Versus

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

A D Benny

02 Jan 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/14/373
( Date of Filing : 26 Jun 2014 )
 
1. C O Jose
Chemmannoor House,P O Parappoor,
Thrissur
...........Complainant(s)
Versus
1. Manager,LIS Charitable Trust
Jomsons Tower,Post office Road,
Thrissur
2. LIS Charitable Trust
Rep by Managing Trustee,Admn office,Palackal court,M G Road,
Ernakulam
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:A D Benny, Advocate for the Complainant 1
 
Dated : 02 Jan 2015
Final Order / Judgement

                             Present:  1. P.K. Sasi, President.

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

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

 

                                                                     16th day of February 2015

                                          C.C.373/14  filed on 5-7-14

 

Complainant:         C.O. Jose, Chemmanur (H), Parappur  P.O., 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.10625/- with the opposite parties, vide receipt nos’-86052 dated 19-9-2005 for Rs.625/- and No.161277 dated 19-1-2006 for Rs.10,000/- on receiving the promise that double the amount will be refunded after 7 years.  However, no amount has been refunded as promised, even after repeated requests and even though a lawyer notice was issued on 19/5/14.    The action of the opposite parties amounts to deficiency of service and unfair trade practice and hence the complaint filed.

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

3.  On going through the records, it is seen that the complainant has remitted Rs.10625/- with the opposite parties, as per the receipts mentioned above, vide Ext. A1.  It is obligatory that the promised amount be refunded, when requested.  However, since the same not being done, 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 the deposited amount, with 12% interest for the amount from the date filing of complaint, in addition to Rs.1000/- (Rupees One thousand only) as cost within in two months of the receipt of this order.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this 16th 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 (2 nos.)

Ext. P2 – Copy of lawyer notice

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

Id/-

Member

 

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