BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 25/04/2013
Date of Order : 28/02/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 309/2013
Between
Berty John Morris, | :: | Complainant |
S/o. John Morris, Pulkood, V.N. Nagar, Thevally. P.O., Kollam – 691 007. | | (By Adv. George Cherian, Karippaparambil Associates Advocates, H.B. 48, Panampilly Nagar, Cochin – 36.) |
And
1. M/s. Devdhan Lottery Services (DLS), | :: | Opposite Party |
Palackal Court, M.G. Road, Ernakulam – 35, Rep. by Managing Partner. 2. P.V. Chacko, Partner, M/s. Devdhan Lottery Services (DLS), Palackal Court, M.G. Road, Ernakulam – 35 3. Joy John, Partner, M/s. Devdhan Lottery Services (DLS), Palackal Court, M.G. Road, Ernakulam – 35. 4. Kuriachan Chacko, Partner, M/s. Devdhan Lottery Services (DLS), Palackal Court, M.G. Road, Ernakulam – 35 | | (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainants' case are as follows :-
Lured by the promises and advertisements of the opposite parties, the complainant deposited Rs. 2,91,000/- on 25-06-2007 in the project launched by the opposite parties. On several occasions, the complainant approached the opposite parties to get the deposit amounts refunded, but to no avail. Thus, the complainant is before us seeking direction against the opposite parties to pay a total amount of Rs. 4,94,780/- with interest at the rate of 12% p.a. from the date of deposits till realisation together with costs of the proceedings. This complaint hence.
2. The opposite parties were served with a notice of this complaint, they opted not to contest the matter for reasons of their own. Heard the learned counsel for the complainant.
3. The only point that comes up for consideration is whether the complainant is entitled to get refund of the amounts with interest together with costs of the proceedings?
4. The receipt issued by the opposite parties go to show that the complainant paid a sum of Rs. 2,91,000/- on 25-06-2007 to the opposite parties towards Jyothis Project. According to the complainant, in spite of repeated requests, the opposite parties failed to refund the amounts with interest. Nothing is forthcoming on the part of the opposite parties as to the reason for the non-payment of the amounts. The absence of the opposite parties in this Forum speaks volumes. The complainant is legally entitled to get refund of the amounts from the opposite parties with interest from the date of deposit till realisation. Since the primary grievance of the complainant having been met sufficiently and squarely, we refrain from awarding costs of the proceedings to the complainant.
5. In the result, we partly allow the complaint and direct that the opposite parties shall jointly and severally refund Rs. 2,91,000/- to the complainant together with interest at the rate of 12% p.a. from the date of deposits till realisation. It is made clear that the opposite parties are at liberty to deduct the amounts, if any paid to the complainant.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 28th day of February 2014.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/- V.K. Beena Kumari, Member.
Forwarded/By order,
Senior Superintendent.
