By. Sri. P. Raveendran, Member:-
Brief of the complaint:- On seeing advertisements in medias to the effect that amount deposited in the project would be doubled and multiplied to 208% including lottery commission and prizes within a few months. This is also mentioned in the notice issued by the opposite parties. On seeing the advertisements the complainant deposited an amount of Rs.5,000/- on 27.09.2005 in the LIS Deepasthambam Project, at Kalpetta. The complainant renewed deposited amount every two years. As the complainant was in need of urgent funds she approached the Branch Office at Kalpettta on 14.10.2011. At that time she was informed that their project is being closed and put forth lame excuses for the delay causing in the repaying deposits and increments. Again complainant went to the Branch Office on 01.03.2012 and noted that the opposite parties closed down the branch office at Kalpetta. Immediately the complainant contacted the opposite party in their office at Ernakulam and requested to refund the deposited amount with increments. At that time they informed the project has been closed and they have no money to refund. That is deficiency in service and unfair trade practice on the part of the opposite parties. It is therefore prayed to direct the opposite parties to pay an amount of Rs.55,000/- with 18% interest till the payment is made and such other relief the Forum deem fit and proper.
2. The Vakalath filed for opposite parties but they have not filed their version in time. So the opposite parties were set exparte and proceeded with the case.
3. On considering the complaint the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite
Parties?
2. Relief and Cost.
4. Point No.1:- The complainant filed chief affidavit and Ext.A1 to A3 documents to prove their case. She stated in the affidavit as stated in the complaint. Ext.A1 is the receipt issued by opposite parties to the complainant. Which shows that the opposite parties have received an amount of Rs.5,000/- from the complainant by receipt No.89759. Ext.A2 is the advertisement issued by the opposite parties. Ext.A3 is the notice issued by the opposite parties. Ext.A1 shows that the complainant has deposited an amount of Rs.5,000/- on 27.09.2005 with the opposite parties. Ext.A2 is the advertisement issued by the opposite party which shows that the complainant will get benefit of increase of 108%. Ext.A3 is the notice issued by the opposite parties to the customers. It is seen that the complainant has deposited an amount of Rs.5,000/- with the opposite party. Non repaying the deposited amount with their assurance is a deficiency in service on the part of the opposite parties. Point No.1 is found accordingly.
5. Point No.2:- Even though in the Ext.A2 it is stated that the deposited amount will be repay with 108% increase specified time is not mentioned in the Ext.A2 notice. Hence the complainant is entitled to get the deposited amount ie Rs.5,000/- with 108% increase. The complainant is entitled to get Rs.1,500/- as cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite parties are directed to pay Rs.5,000/- (Rupees Five Thousand Only) with 108% increase and opposite parties are also directed to pay Rs.1,500/- (Rupees One Thousand and Five Hundred Only) as cost and compensation. This is to be complied by the opposite parties within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 18th June 2012.
Date of Filing:19.03.2012.
