By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for the refund of the deposited amount in the scheme run by the opposite party.
2. The complaint in brief is as follows:- The complainant was attracted by the advertisement of the opposite party that the amount deposited in the project of the opposite party would be doubled within a short period and other benefits would also be given. The complainant deposited Rs.48,000/- under three beneficiary certificates dated 01.06.2007. The complainant approached opposite party on 24.04.2009 to know the growth of the deposited amount and for the refund of the amount. It is informed by the opposite party that for the refund of the deposited amount short time is required and the complainant was also informed to redeposit the socalled amount and it was done so. Again the complainant approached the opposite party on 01.07.2011 for the refund of the deposited amount including all profits but the opposite party was not ready to give back the deposited amount to the complainant with offered profits. The complainant was shocked to hear from the opposite party that they were not having funds to give back the deposited amount. It was later known to the complainant that their office was closed and all the efforts taken by the complainant became worthless.
3. If the assurance of the opposite party became true the amount deposited by the complainant would have became Rs.1,82,400/-. The non refund of the deposited amount by the opposite party is a deficiency in service and unfair trade practice. The complainant was pushed to much hardships and mental agony in the non refund of the deposited amount. There may be an Order directing the opposite party to pay back the complainant Rs.2,00,000/- including the refund of the deposited amount along with cost and compensation for mental agony and inconvenience. The complainant is also entitled for interest at the rate of 18% for the amount deposited from the date of this complaint till payment.
4. The opposite Party is declared exparte.
5. The points that are to be decided are:-
1. Is there any deficiency in service on the part of the opposite party in the
non refund of the deposited amount?
2. Relief and Cost.
6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the complainant. Exts.A1 to A4 are the documents produced.
7. Exts.A1, A2, A3 are the photocopies of the receipts given to the complainant on 01.06.2007 acknowledging acceptance of money by the opposite party. The receipts shows that Rs.48,000/- was received by the opposite parties and became beneficiary of the Jyothis Project. The expiry date of the project as per documents is 24.04.2009. The benefits of the scheme and the conditions required for inception to the scheme is Ext.A4. As per the brochure the amount deposited would be multiplied within a short span of time and in addition to that other benefits would also be given to the subscriber of the scheme.
8. In the absence of any adverse inferences it is to be relied that the opposite party has not refunded the deposited amount along with the assured profits. It is absolutely a deficiency in service and the points are found accordingly.
In the result the complaint is partly allowed and the opposite party is directed to refund Rs.48,000/- (Rupees Forty Eight Thousand Only) to the complainant with interest at the rate of 12% from the date of joining in the scheme till the realization of the amount. The complainant is also entitled for Rs.5,000/- (Rupees Five Thousand Only) towards cost and compensation. This is to be complied by the opposite party within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 16th June 2012.
Date of Filing:19.03.2012.
