By. Sri. K. Gheevarghese, President:
The complaint filed against the opposite party against the non refund of the deposited amount in the scheme run by the opposite parties.
2. The complaint in brief is as follows:- The complainant deposited Rs.12,500/- in the project run by the opposite parties. The opposite parties had given advertisements in the visual and other medias that the deposit of the amount in the opposite parties scheme could be double within a short span of two years. The complainant deposited the amount on 03.12.2005 and it was renewed on 12/2007, 12/2009, 12/2011.
3. The complainant approached the opposite party for the refund of the deposited amount, but the opposite party informed the complainant that the project is closed. More over the Branch office, which was running in the location earlier was also shifted. If the promise of the opposite party became true the amount deposited by the complainant would have been multiple to one lakh rupees. The non refund of the deposited amount by the opposite party caused heavy loss and hardships to the complainant. There may be an Order directing the opposite party to refund Rs.1,20,000/-, including the refund of the amount deposited along with cost and compensation. In case of any failure on the part of the opposite party to provide the complainant that much amount with cost and compensation, the opposite party may be directed to give complainant the amount deposited with 18% interest along with cost and compensation.
4. The opposite parties are set exparte.
5. The Points that are to be decided:-
1. Is there any deficiency in service on the part of the opposite parties in the
non refund of the deposited amount?
2. Relief and Cost.
6. Points No.1 and 2:- The evidence in this case consist of the proof affidavit of the complainant. Exts.A1 to A3 are the documents produced. Receipt No.134882 is the receipt issued by the opposite party to the complainant on his inception to the scheme on 03.12.2005. The brochure of the scheme is marked as Ext.A2, which details the merit of the scheme and the benefits issued for the depositors.
7. In the absence of any adverse inferences it is to be relied that the amount deposited by the complainant in the project of the opposite party is not refunded. The non refund of the deposited amount of the complainant is a deficiency in service.
In the result the complaint is partly allowed. The opposite parties are directed to refund Rs.12,500/- (Rupees Twelve Thousand and Five Hundred Only) the deposited amount to the complainant with an interest at the rate of 12% from the date of deposit of the amount till the payment. The complainant is also entitled to get Rs.4,000/- (Rupees Four Thousand Only) towards cost and compensation. This Order is to be complied by the opposite parties within one month from the date of receipt of this.
Pronounced in Open Forum on this the day of 30th April 2012.
Date of Filing:15.03.2012.
