By. Sri. Jose. V. Thannikode, President:

The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to repay Rs.62,500/- with interest which is deposited to opposite party and to pay cost and compensation due to the deficiency of service and unfair trade practice.

2. Brief of the complaint:- on believing the advertising and canvassing through agents of Opposite Party No.1 and 2 who came to the house of complainant two times and the complainant joined in the scheme of Opposite Party No.1 and 2 and registered for the plots as per Certificate No.CB40B 7370790 dated 28.08.2010 [Plot Registration No.U273113567]. As per the general terms and conditions explained by the opposite parties complainant paid entire amount as installments through opposite party No.3 the agent opposite party No.1 and 2. The date of expiry of the scheme was on 28.02.2016. Even after the payment of the entire amount the complainant has not obtained any benefit or money as per the terms and conditions. The complainant paid Rs.62,500/- Now it is understood that the Opposite Parties No.1 and 2 were cheated the complainant by using unfair trade practices and their acts amount to cheating, breach of trust, unfair trade practice, deficiency in service. As a result of the same complainant cased heavy loss and opposite parties are liable to pay compensation which is estimated as Rs.1,00,000/- for the loss sustained to the complainant. Hence the complainant caused to be sent a lawyer notice to opposite party No.1 and 2 on 09.05.2016, opposite party No.1 received the notice and neither paid the amount nor replied. Hence this complaint. The opposite parties canvassed and complainant joined the scheme after signing necessary documents from the house of complainant and paid the amount through Opposite Party No.3 who collected installments from the house of complaint at 6^th mile within the jurisdiction of this Hon'ble Forum and thus this Forum has jurisdiction to try the case. The last payment was made on 30.06.2016. Hence prays before the Forum to pass an order directing the opposite parties No.1 and 2 to repay Rs.62,500/- with cost and compensation.

3. Notices were served to opposite party No.1 and 3 on 27.08.2016 and 25.08.2016 respectively but not appeared and not filed version. Hence opposite party No.1 declared ex-parte on 15.11.2016 and opposite party No.3 declared ex-parte on 08.12.2016. Opposite party No.2's notice returned stating that shop closed. Hence paper publication against opposite party No.2 is produced on 08.12.2016 and his name called absent and set ex-parte on 08.12.2016. Thereafter the opposite party No.3 filed I.A.12/2017 to set aside the ex-parte Order and it is allowed and opposite party No.3 filed version denying all the allegations and further stated that this 3^rd opposite party denies, the entire allegations and averments in the complaint except to the extent expressly and specifically admitted hereunder. The above complaint is not maintainable either in law or on facts of the case. The complainant has no right to file the above complaint opposite party no-S and the same is to be dismissed with cost. Opposite party No.3 is only a commission agent of M/s. Sheeba. P. K who is the EORG of opposite party No. and 2. Opposite No.3 is not a direct agent of Opposite party No.1 and 2. This Opposite party No.3 deny the allegation the complaint paid the entire amount as installments through Opposite party No.3. Opposite party No.3 has not collected any amount from the complainant. Opposite party No.3 has never canvassed the complained. Opposite party No.3 has no direct connection of Opposite party No.1 and 2. Opposite party No.3 not liable to pay any amount to the complainant on any account. In the matter of PACL Ltd Vs Securities and exchange board of India ( SEBI) (Civil appeal No.13394/2015) of Supreme court of India the dispute between PACL Ltd and the Investors are settle and a committee has been constituted for the purpose of paying the investors their investment. The complainant has to approach the said committee for the redressal of their grievance, hence this forum has no jurisdiction to entertain this complaint

4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A11 documents were marked. Ext.A1 is the Registration Letter given by opposite party to the complainant dated 28.08.2010. In which the total sum is shown as Rs.62,500/- and the terms is 5 year and six months and 1^st installment shown as Rs.1,000/- considering plot size is shown as 1250 SQ YD and Expiry date of Agreement is 28.02.2016. Ext.A2 is the Receipt dated 28.08.2010 for Rs.1,000/-. Ext.A3 is the Receipt dated 29.01.2011 for Rs.1,000/-. Ext.A4 is the Receipt dated 28.02.2011 for Rs.1,000/-. Ext.A5 is the Receipt dated 29.03.2011 for Rs.1,000/-. Ext.A6 is the Receipt dated 04.05.2011 for Rs.1,000/-. Ext.A7 is the Receipt dated 30.06.2011 for Rs.1,000/-. Ext.A8 is the Copy of Lawyer Notice dated 09.05.2016 demanding to repay the amount deposited. Ext.A9 is the Postal Receipt dated 09.05.2016. Ext.A10 is the Acknowledgment Card shows the acknowledge of Lawyer Notice by the opposite party. Ext.A11 series are the Returned Lawyer Notice and Acknowledgment Card.

5. On considering the complaint, documents and evidences, the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service or unfair trade practice from the

part of opposite parties?

2. Relief and Cost.

6. Point No.1:- The complaint and connected documents and his evidence proved the allegation. The documents produced by the complainant shows the payments of Rs.7,000/- within 30.06.2011 and the complainant stated that the other receipts were not issued by the opposite parties. Hence the complainant filed I.A.12/2017 to call for the entire documents from opposite party No.1 and 2 regarding the payment details with copy of receipt and ledger extract . The Order in I.A, which is send to opposite party No.1 and 2 is returned stating that the addressee left. Hence adverse inference is taken against the opposite party No.1 and 2. Hence we found that the entire amount is paid by the complainant as per her affidavit. Hence we found that after receiving the entire amount, not providing the offered benefit and not return the received amount is a clear case of unfair trade practice from the side of opposite party No.1 and 2. Hence the Point No.1 is found accordingly.

7. Point No.2:- Since the Point No.1 is found against the opposite party No.1 and 2 they are jointly and severally liable to refund the received amount with interest and also liable to pay cost and compensation.

In the result, the complaint is partly allowed and opposite party No.1 and 2 are jointly and severally directed to refund Rs.62,500/- (Rupees Sixty Two Thousand and Five Hundred) with 18% interest from 30.06.2016 and also directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as cost of the proceedings to the complainant within 30 days from the date of receipt of this Order, failing which the complainant is entitled for an interest at the rate of 18% for the whole amount till realization.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31^st day of May 2017.

Date of Filing:19.07.2016.

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Munshiya. Housewife.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Registration Letter. Dt:28.08.2010.

A2. Receipt. Dt:28.08.2010.

A3. Receipt. Dt:29.01.2011.

A4. Receipt. Dt:28.02.2011.

A5. Receipt. Dt:29.03.2011.

A6. Receipt. Dt:04.05.2011.

A7. Receipt. Dt:30.06.2011.

A8. Copy of Lawyer Notice. Dt:09.05.2016.

A9. Postal Receipt.

A10. Acknowledgment Card.

A11(1). Returned Registered Lawyer Notice.

A11(2). Returned Acknowledgment Card.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-