By. Sri. K. Gheevarghese, President:-

The complaint filed against the opposite parties on the non refund of the deposited amount.

2. The complaint in brief is as follows:- The complainant deposited Rs.1,250/- on 13.04.2006 in a project named Deepasthambham run by the opposite parties. The opposite parties had given wide advertisements in visual and other medias that the amount deposited would be multiplied within a period of two years. At the time of deposit of the amount the opposite party also informed this complainant that the amount deposited can be renewed on completion of two years. The deposited amount of the complainant were renewed on completion of two years and finally on 04/2010. For two times the complainant renewed the deposited amount. The complainant approached the opposite parties on 01.11.2011 for the refund of the mature deposit and later approached the opposite parties on 01.03.2012. In the 2^nd visit the complainant could make out that the office was closed and they were not ready to return the deposited amount with the assured profits. The branch office which was located in the beginning was also shifted . Later the office was opened in 2^nd location that was also closed. The opposite parties informed when contacted that they were not in a position to refund the amount in the absence of funds. The non refund of the deposited amount of the opposite party is a deficiency in service it is to be compensated with cost.

3. The opposite parties are set exparte.

4. The points that are to be decided are:-

1. Is there any deficiency in service on the part of opposite parties in the non refund of the deposited amount?

2. Relief and Cost.

5. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the complainant. Exts.A1 to A3 are the documents produced. The complainant deposited Rs.1,250/- and a receipt No.216022 was given to the complainant mentioning the joining date 13.04.2006. The copy of brochure stating the benefits of the scheme is marked as Ext.A2.Copy of the letter sent to the complainant is Ext.A3. The opposite parties have not refunded the deposited amount to the complainant. Apart from the multiplication of the amount in the project run by the opposite parties some additional benefits also proclaimed by them it is also averred in the brochure. The non refund of the deposited amount by the opposite parties to the complainant is a deficiency in service. In the absence of any adverse inferences it is to be considered that the opposite parties have not refunded the deposited amount of the complainant.

In the result the complaint is partly allowed. The opposite parties are directed to refund jointly and severally the deposited amount of the complainant that is Rs.1,250/- (Rupees One Thousand Two Hundred and Fifty Only) with interest at the rate of 12% from the date of deposit of the amount till the payment of the entire amount. The complainant is also entitled for Rs.2,000/- (Rupees Two Thousand Only) towards cost and compensation. This is to be complied by the opposite parties jointly and severally within one month from the date of receipt of this Order.

Pronounced in Open Forum on this the day of 18^th June 2012.

Date of Filing:19.03.2012.