Kerala

Trissur

CC/14/335

Simi Paul - 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/14/335
( Date of Filing : 13 Jun 2014 )
 
1. Simi Paul
Mechery House,Aranattukkara,Puthanangadi,
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.335/14  filed on 13.6.14

 

Complainant:         Simi Paul, Mecheri (H), Puthanangadi, Aranattukara, 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.20,000/-, with the opposite parties on 4-5-2004 as per receipt No.230699, on receiving  the promise that double the amount will be refunded after 7  years.  However, the promised amount has not been refunded, even after repeated requests and even after sending a lawyer notice on 25-4-2014.  Since the action of the opposite parties, amounts to deficiency of service and unfair trade practice, the complaint filed.

 

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

3.  On going through the records and exhibits, it is seen that, as per Exhibit A1, the opposite parties has received Rs.20,000/- from the complainant, vide receipt No.23699/4.5.2006.  As such, it is his bounden duty to refund the promised amount at the promised time, as per request.  However, the same has not been refunded, which 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 of filing  of complaint, in addition to Rs.1000/- (Rupees One thousand only) towards cost 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 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. A1– Receipt

Ext. A2 – Copy of lawyer notice

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

Id/-

 

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