BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C.No.130/2009

Dated: 15..10..2009

Complainant:

R. Vasudevan Unnithan, Vasudeva Vilasom Puthen Veedu, Velliyara, Navaikulam.

(By Adv. Muraleedharan Pillai)

Opposite parties:

1. Pen Books (P) Ltd., Palace road, Alwaye, represented by the Managing Director, Pen Books (P) Ltd., Palace Road, Alwaye.

    

2. Polly K. Ayyampally, Managing Director, Pen Books (P) Ltd., Alwaye.

    

    

This O.P having been heard on 26..09..2009, the Forum on 15..10..2009 delivered the following:

ORDER

SMT. S.K.SREELA, MEMBER:

The allegations in the complaint are the following: Attracted by the scheme of the opposite parties, by name 'Pen Properties Plus Scheme', the complainant had deposited an amount of Rs.2,50,000/- to the opposite parties at their Thiruvananthapuram Office. Accordingly, the opposite parties had agreed to pay Rs.3,00,500/- on or before 31/8/2008. On termination of the agreement, the complainant approached the opposite parties and demanded money, but the opposite parties have not refunded the amount so far and hence this complaint.

2. Inspite of service of notice from the Forum, the opposite parties never appeared before the Forum nor file any version challenging the allegations levelled against them. Hence the opposite parties were set ex-parte.

3.The complainant has filed affidavit and marked Exts. P1 to P4 in support of his complaint.

4. Ext.P1 is the agreement entered into between the complainant and opposite parties. As per Ext. P3 & P4 it could be seen that an amount of Rs.1,50,000/- and an amount of Rs. 64,000/- were received from the complainant by the opposite parties at Thiruvananthapuram. Ext.P2 reveals the deposit of Rs.2,50,000/- by the complainant with the opposite parties. As per Ext.P1, the opposite parties have acknowledged the amount of Rs. 3,05,000/- to be paid to the complainant or his nominee on 31/8/2008. But the complainant alleges that he has not received the amount so far. The complainant has filed affidavit in support of his allegations. The complainant has not been cross examined and hence his affidavit stands unchallenged.

5. Exts.P1 to P4 prove the case of the complainant. Complainant has succeeded to establish his claim with reliable evidence. Hence we find that the complainant is entitled to get the refund of the amount agreed by the opposite parties.

In the result, the opposite parties shall refund Rs.3,05,000/- with 12% interest from 31/8/2008 till realisation along with a cost of Rs.1,000/- to the complainant. Since interest has been ordered, there is no separate order as to compensation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 15^th day of October, 2009.

S.K. SREELA, MEMBER.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI.A, ad. MEMBER.

C.C.No.130/2009

APPENDIX

I. Complainant's witness : NIL

II. Complainant's documents:

P1 : Photocopy of agreement deed dated 4/9/2007 signed by Managing Director, Pen Properties & Builders Pvt.Ltd.

P2 : Covering letter dated 10/9/2007 issued by opposite party to the complainant.

P3 : Receipt No.9962 dated 31/8/2006 for Rs.1,50,000

P4 : Receipt No.0001 dated 31/8/2007 for Rs.64,000/-.

III. Opposite parties' witness: : NIL

IV. Opposite parties' documents : NIL

PRESIDENT