Kerala

Kozhikode

CC/09/35

DR.P CHANDRAMGADHAN - Complainant(s)

Versus

M/S PEN BOOKS P LTD - Opp.Party(s)

20 Mar 2009

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/09/35

DR.P CHANDRAMGADHAN
...........Appellant(s)

Vs.

M/S PEN BOOKS P LTD
MANAGING DIRECTOR
...........Respondent(s)


BEFORE:
1. G Yadunadhan B.A.2. Jayasree Kallat M.A.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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By G. Yadunadhan, President:

 

            The caseof the complainant is that on 27.9.2006, complainant had deposited a sum of Rs.1,00,000/- to the opposite party.  As per terms opposite party assured that every year complainant is entitled to get Rs.24,000/- in addition to Rs.1,00,000/-.  On 14.11.2007, opposite party entered into another agreement stating that opposite party shall pay Rs.1,20,000/- to the complainant on or before 24.9.2008.  After repeated demands opposite party reluctant to give the amount to the complainant. Hence complainant is seeking relief against opposite party to return the amount along with interest and also to pay compensation.

 

            After serving notice opposite party called absent and set exparte.

 

            Complainant filed affidavit and he was examined as PW1.  Ext. A1 to A9 were marked on the side of the complainant.

 

            From the evidence of PW1 and from Exts. A1 to A9, complainant’s case is proved. 

 

            In the result petition is allowed and the opposite parties are directed to return an amount of Rs.1,20,000/- (Rupees one lakh and twenty thousand only) along with 9% interest and also to pay a compensation of Rs.5,000/- (Rupees five thousand only) along with a cost of Rs.500/- (Rupees five hundred only) to the complainant.   Opposite parties are directed to comply the order within 30 days on receipt of the copy of this order.

 

            Pronounced in open Court this the 20th  day of March 2009.

 

 

                                                Sd/-President                                  Sd/-Member

 

 

 

 

 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1            Photocopy of Receipt No.11450 dated 27.9.06 for Rs.1,00,000/-.

A2            Photocopy of Agreement.

A3            Photocopy of letter from complainant dated 7.9.07 to the 2nd O.P.

A4            Photocopy of receipt issued by 1st O.P. on 7.9.07.

A5            Photocopy of agreement dated 14.11.2007.

A6            Photocopy of letter dated 9.10.07 issued by 2nd O.P.

A7            Photocopy of letter dated 4.4.08 issued by 2nd O.P.

A8            Photocopy of Registered letter dated 18.11.2008 from complainant to 2nd O.P.

A9            Photocopy of postal acknowledgement card.

 

Documents exhibited for the opposite parties:

 

Nil.

 

Witness examined for the complainant:

 

PW1     Dr. P. Chandrangadhan, Pazhaya Valappil House, Tanur – Complainant.

 

Witness examined for the opposite parties.

 

None.

 

-/True copy/-

Sd/-President

 

(Forwarded/by Order)

 

 

 

Senior Superintendent.

 




......................G Yadunadhan B.A.
......................Jayasree Kallat M.A.