O R D E R

A  Rajesh, President.

          Case of the complainant is as follows:

          Allured by the promises made by the 2^nd opposite party, the complainant joined the Jyothis Project of the opposite parties and deposited Rs. 4,20,000/- with the opposite parties on 05-06-2007 .  As per the beneficiary certificates issued by the opposite parties they assured Rs.8,40,000/- by 28-04-2009.  The opposite parties  failed to pay the amount to   the complainant after the maturity period.  Complainant is entitled to get the above amount with 12% interest together with costs of the proceedings.  Hence this complaint.

          2. Version of the 2^nd opposite party.

          The 2^nd opposite party is not the managing partner of the 1^st opposite party.  2^nd opposite party is not a party to the proceedings.  Complainant has no cause of action against the 2^nd opposite party.  2^nd opposite party requests to dismiss the complaint.

          3. Though the 1^st opposite party has received notice of this complaint they opted to remain absent during the proceedings for reasons of their own.  Complainant was examined as PW1, Exts. A1 to A12 were marked. Though neither oral nor documentary evidence was adduced by the 2^nd opposite party.  Heard both sides.

          4. The points that arise  for consideration are as follows:

          i. Whether the complainant is entitled to get Rs. 8,40,000/- with interest from the opposite parties as promised by them.

          ii.  Costs of the proceedings

          4. Points No. i.  Admittedly the complainant has deposited the following amounts with the 1^st opposite party.

          5. The 2^nd opposite party belatedly filed a version with no reason therefore  and contended that he has no connection with the 1^st opposite party.  But he failed to produce any evidence to substantiate  his contentions.  Further the complainant was not cross examined by the 2^nd opposite party.  So it is unnecessary in law  to consider the arguments raised by the 2^nd opposite party.  Conclusively on the merits of the above we are only to conclude that the opposite parties are jointly and severally liable to refund the deposited amounts as per Exts. A2 to A12 to the complainant, with interest @ 12% p.a. from the date of deposit till realization.

          6. Point No. ii. The complaint had been allured unnecessarily into an unfeasible contract where she deserves costs of this litigation.  The bonafides are  compensated on account   of her non demand of compensation.   We fix it at Rs. 1,000/-.

          7.  Accordingly we allow the complaint and direct that

          i. the opposite parties shall jointly and severally  refund Rs. 4,20,000/- together with interest 12% p.a. from 05-06-2007 the date of deposit till realization.

          ii. The opposite parties shall also pay Rs. 1,000/- towards compensation.

          The above said order shall be complied with within a period of one month   from the date of receipt of a copy of this order

        Pronounced in the open Forum on this the 29^th  day of  July 2011.