By. Smt. Renimol Mathew, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act for an Order directing the opposite party to return the deposited amount with offered benefits together with compensation and cost of the proceedings.
2. Brief of the complaint:- On 22.06.2007 complainant deposited Rs.18,000/- in the Jyothis Project of opposite party at Kalpetta and opposite party issued Beneficiary Certificate No.64851 for Rs.18,000/- to the complainant. At the time of deposit opposite party assured that the deposited amount will be doubled after two years. Thereafter when the maturity time attained the complainant approached the opposite party and demanded to return the amount deposited as per the promise. But opposite parties requested further time to pay the amount, but till this date opposite party had not paid the deposited amount with offered benefits of the scheme. The complainant alleged that the non refund of the deposited amount with all offered benefits even after repeated demands is deficiency in service on the part of the opposite party. Hence filed this complaint.
3. Notice served to opposite party but opposite party not appeared before the Forum. Hence the opposite party is set ex-parte on 11.05.2015 and proceeded with the case.
4. On considering the complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service on the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- Complainant filed affidavit and produced documents were marked as Ext.A1 and Ext.A3. Ext.A1 is the Beneficiary Certificate bearing No.64851 for Rs.18,000/- dated 22.06.2007. Ext.A2 is the statement of Approval and Ext.A3 is Provisional Acceptance Statement dated 22.06.2007. On perusal of documents it is clear that the complainant deposited Rs.18,000/- to opposite party. On several occasions complainant contacted the opposite party to get back the deposited amount, but opposite party not returned the amount and requested further time to repay the amount. On considering all these aspects Forum finds that there is deficiency of service from the part of opposite party. So the complainant is entitled to get the deposited amount with reasonable cost, compensation and interest. The Point No.1 is found accordingly.
6. Point No.2:- The Point No.1 is found in favor of the complainant. Hence the complainant is entitled to get the deposited amount with reasonable interest, cost and compensation. The point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party is directed to pay Rs.18,000/- (Rupees Eighteen Thousand) with 10% interest to the complainant from 22.06.2007. The opposite party is also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the the proceedings. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for interest at the rate of 12% for whole amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 16th day of June 2015.
Date of Filing:13.03.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. K. R. George(affidavit). Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Beneficiary Certificate. Dt:22.06.2007.
A2. Statement of Approval.
A3. Provisional Acceptance Statement.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
