By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he had deposited with the opposite parties Rs.10,000/- each on 23-06-2008 and 22-06-07, as per policy document bearing registration nos.U 145438588 and U 145298041 respectively. As per the terms and conditions of the policy, the opposite parties are liable to pay Rs.22807/- each to the opposite parties on the maturity dates of the policies, being 23-06-2015 and 22-06-14 respectively. As on the respective dates of maturity, the complainant surrendered the policies in the office of the opposite parties, for getting payment. But the opposite parties had not paid the promised amount, in spite of demanding, which is clear deficiency of service and unfair trade practice .The complainant issued a lawyer notice dated 13-08-15 but of no remedy. The amount has not yet been paid. The act of the opposite parties amounts to deficiency of service and cheating. Hence the complaint filed with prayers to direct the opposite parties to refund the maturity amount, with interest from the dates of maturity, along with compensation and cost.
2. The opposite parties remained exparte. The complainant has filed proof affidavit and also exhibits P1 to P6, which includes the photocopy of the document bearing regn. No. U145438588 as P1; photocopy of the receipt of the opposite parties showing the receipt of the document bearing registration no. U 145298041 in the name of the complainant, dated 16-06-2014 as P2; copy of the receipt showing the receiving of the document bearing registration no U145438588 in the name of the complainant dated 27-06-2015 as P3; Copy of the lawyer notice dated 13-08-2015 send to the opposite parties as P4; postal receipt as P5 and A/ D card as P6.
3. The Forum has gone through the records of the case. Ext.P1, mentioned as “Cash down payment/First instalment receipt cum acceptance letter ”, explains that the opposite parties have accepted from the complainant, a total amount of Rs.10,000/- for the acquisition of 200 square yards of certain plots. However , no detailed terms & conditions, as regards the payment of the cash, have been produced before the Forum. However, this being a cash down payment for a plot, either the plot should have been allotted in the name of the customer in the scheduled time or the amount refunded, with interest, on the due date of maturity. As regards the so mentioned other policy document, since there is no contra evidence & Since Ext. P2 proves that the document has been received by them on 16-06-2014, the Forum has no option but to believe the words of the complainant, in the context of having filed the proof affidavit and also producing exhibits P2 and P4. The fact that the opposite parties have not yet refunded the amounts mentioned, is clear deficiency of service and unfair trade practice. However, the Forum cannot accept the argument of the complainant that the opposite parties are bound to pay Rs. 22807 /- for 10,000/-rupees, since the receipt itself mentions that it is only the estimated realisable value.
4. In the result, the complaint is allowed. The opposite parties are directed to pay the complainant the deposited amount of Rs.10,000/-(Rupees Ten Thousand only) each, as per U145438588 & U145298041, along with 12% interest from 24-06-2008 & 22-06-2007 respectively, in addition to Rs.1000 /-(Rupees Thousand only) towards cost ,within a month of the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of July 2016.
