Kerala

Trissur

CC/14/380

Lissy Francis - 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/14/380
( Date of Filing : 26 Jun 2014 )
 
1. Lissy Francis
w/on K A Francis Chiriyankandath,Karakkada House,Near Church,P O Marathakkara,
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.

 

                                                                     18th day of February 2015

                                          C.C.380/14  filed on  26.6.14

 

Complainant:         Lissy Fransis, W/o. K.A. Fransis, Chiriyankandath karakkada (H), Marathakara, 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.10,000/- vide receipt No.216230 dated 13.4.06 on receiving the promise from the opposite parties that double the amount will be refunded after 7 years.  However, the amounts has not been refunded, even after requests and in spite of a lawyer notice dated 21.4.14.    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 also exhibits A1 to A3.  There is no evidence to the contrary.

3.  On going through Exhibit A1, it is seen that the complainant has received Rs.10,000/- from the complainant, vide receipt no.216230/13.4.06 towards ‘LIS Deepastambham Project Membership’.  It is obligatory that the amount received should be refunded, on demand.  However, the fact that no steps has been taken by the opposite parties to refund the amount, even in spite of lawyer notice, is a clear proof of deficiency of service and unfair trade practice.

4.  In the result, the complaint is allowed.  The opposite parties are directed to refund double the value of amount deposited, 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 18th day of February 2015.

Sd/-                                                           Sd/-                                  Sd/-

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

        Member                                    Member                                          President                                                        

                                                                Appendix

Complainant’s Exhibits:

Ext. A1– Receipt

Ext. A2 – Copy of lawyer notice

Ext. A3 series – Postal Receipts (2 nos.)

Id/-

Member

 

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