By. Sri. P. Raveendran, Member.
Brief of the complaint:- The complainant has deposited Rs.625/- on 24.06.2005 in the LIS Deepasthambam project run by the opposite parties. The complainant joined in the scheme on seeing advertisements in medias and seeing attractive notice, to that effect complainant deposited the above amount. The advertisements that is published that the amount would be doubled within a few months, at the time of deposit it was specifically said that the deposited amount would be renewed and redeposited every two years unless withdrawal no receipts will be issued on this renewal. I have not withdraw the amount so the deposits were renewed in 06/2007, 06/2009 and 06/2011 respectively. The opposite party assured in their letter dated 20.03.2007 that doubled amount would be given to all deposits made after 06.05.2005. On 01.03.2012 it was seen that the Branch office was closed. So we contacted opposite party's office at Ernakulam over phone and they replied that since the project has been closed they cannot repay the amount. The non refund of the deposited amount is unfair trade practice and deficiency in service on the part of the opposite parties. Hence it is prayed to pass an Order against the opposite parties directing the opposite parties to pay an amount of Rs.8,500/- to the complainant. If the Forum found that I am not eligible for the above amount it is alternatively prayed to pass an Order directing the opposite parties to repay the deposited amount with interest at the rate of 18%.
2. Notices were served on opposite parties. The opposite parties were represented, sufficient time is granted to opposite party for filing their version but they have not filed their version in time. Hence they are 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 his chief affidavit to prove his case. He also produced Ext.A1 document. In the affidavit he stated as stated in the complaint. Ext.A1 is the receipt issued by opposite party to the complainant by which it is seen that the complainant has deposited an amount of Rs.625/- with the opposite party on 24.06.2005. Even though the complainant has stated in the complainant as well as in the affidavit the deposits has automatically renewed in 06/2007, 06/2009 and 06/2011. No document is produced before us to prove the renewal. Even though the amount which is mentioned in the complaint as well as affidavit that the amount would be multiplied within few months that effect also no document is produced by the complainant. Any how it is seen that the complainant has deposited an amount of Rs.625/- with the opposite party on 24/06/2005. The non refund of the deposited amount with their assurance is a deficiency in service on the part of the opposite party. Point No.1 is decided accordingly.
5. Point No.2:- The complainant has entitled to get Rs.625/- along with interest at the rate of 12% from 24.06.2005 till the payment is made. He is also entitled to get Rs.1,000/- 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.625/- (Rupees Six Hundred and Twenty Five Only) with 12% interest from 24.06.2005 till the payment is made. The opposite parties are also directed to pay an amount of Rs.1,000/- (Rupees One Thousand 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 16th June 2012.
Date of Filing:31.03.2012.
