By. Sri. K. Gheevarghese, President:
The complaint filed against the opposite parties not refunding deposited amount.
2. The complaint in brief is as follows:- The complainant deposited Rs.10,500/- in the scheme run by the opposite party and the receipts were given to the persons who were joined in the scheme. The opposite party had given wide advertisement of their project named Deepasthambham that the amount deposited would be multiplied. At the time of deposit it was also informed to the complainant that if the deposit is not taken back it can be renewed on completion of two years period and the deposit would be multiplied in course of time. The complainant renewed deposits every two year as such renewed the deposit in 2007, 2009 and 2011 on completion of two years and in total three times deposits were renewed. The opposite party has not given any additional receipts when the deposits were renewed. On 14.10.2011 the complainant contacted the opposite party for the refund of the deposited amount along with additional profits already proclaimed.
3. The opposite party informed the complainant at that time that the scheme is closed and no direct answers were given by the opposite party on the return of the deposited amount. The complainant turned to be a usual visitor for the return of the amount in the opposite party's office. The office were in turn shifted from place to place. The amount deposited in short was not given back to the complainant. The non refund of the deposited amount by the opposite party is a deficiency in service. There may be an Order directing the opposite parties to pay back the complainant the entire deposited amount as assured by them which would amount Rs.1,25,000/- including cost and compensation for hardships and difficulties caused.
3. The Opposite Parties are set Exparte.
4. The points in considerations are:-
1. Is there any deficiency in service on the part of the opposite parties in not refunding the deposited amount?
2. Relief and Cost.
5. Points No.1 and 2:- The evidence in this case consists of the proof affidavit and additional proof affidavit of the complainant. Exts.A1 to A11 are the documents produced.Exts.A1 and A2 are the receipts given to the complainant which are dated 19.09.2005 and 27.09.2005 respectively. The amount deposited in this two receipts in total is Rs.7,500/-. The copy of the receipt of Rs.1,875/- dated 09.06.2005, copy of receipt of Rs.625/- and Rs.1,250/- are given to the wife of the complainant. Copy of receipt given to Govind. P. Jith (Son, Minor) of Rs.625/-. Sulochana. G. Kutty mother of the complainant of Rs.625/-. The receipts given to the complainant and relatives in total comes an amount of Rs.10,500/-. The authorization letter produced by the complainant is Ext.A10 and A11. The copy of the brochure is Ext.A8.
6. The opposite parties are set exparte. In the absence of any adverse inferences from the opposite parties it is to be relied that the amount deposited by the complainant and his relatives are not refunded to them. The non refund of the deposited amount to the complainant and his relatives are nothing but a deficiency in service and it is to be compensated with cost.
In the result the complaint is partly allowed the opposite parties are directed to refund the complainant the deposited amount that is Rs.10,500/- (Rupees Ten Thousand and Five Hundred Only) with interest at the rate of 12% from the date of filing of this complaint till the realization of the amount. The complainant is also entitled for compensation of Rs.5,000/- (Rupees Five Thousand Only) including cost. This is to be complied by the opposite parties within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 22nd June 2012.
Date of Filing:19.03.2012.
