By. Smt. Renimol Mathew, Member:
The complaint filed against the opposite parties alleging the deficiency in service for non refund of the amount deposited in the scheme named LIS Deepasthambham and Jyothis Project.
2. Brief of the complaint:- The opposite parties were extensively advertised through media like Newspaper, Television etc.. that they are launching a new scheme of deposit in which the deposit amount will be doubled within a few period and also providing lottery commission for the customers. The opposite party No.1 assure that the deposited amount will be doubled within two years and also other benefits in the lottery will be given. On believing this complainant deposited Rs.625/- as per Receipt No.44400 on 27.06.2005 and Rs.625/- as per Receipt No.73003 on 12.08.2005. On 06.08.2005 and 12.08.2005 complainant deposited Rs.625/- each as per Receipt No.70324 and 72997 in the name of his daughter and on 06.10.2005 and 06.08.2005 complainant deposited Rs.2,500/- and Rs.625/- as per Receipt No.94424 and 70320 in the name of his son. After that complainant deposited Rs.4,000/- on 17.03.2009, Rs1,000/- on 01.04.2009, Rs.2,000/- on 14.04.2009, Rs.2,000/- on 20.04.2009, Rs.3,000/- on 24.04.2009, Rs.1,000/- on 01.05.2009 and Rs.10,000/- on 05.05.2009 as per Receipts No.11796, 28246, 28251, 43369, 44415, 50949 and 53547 respectively. The amount deposited and Receipts issued at Kalpetta in the Branch office of Opposite Parties. Thereafter when the maturity time attained the complainant approached the opposite parties and demanded to return of amount deposited as per the promise. But opposite party requested time to pay the amount, which repeated several occasions and till this date opposite parties have not paid the amount due to the complainant as per the promise. The complainant alleging that the non refund of the deposited amount with all offered benefits of the scheme in time is deficiency in service on the part of the opposite parties. So he prays for an Order to refund of the deposited amount as promised together with cost and compensation of Rs.22,000/-.
3. Notice being served to opposite parties, and Vakalath filed but no version filed within the stipulated period. Hence opposite parties were set ex-parte on 07.06.2013 and proceeded with the case.
4. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
5. Point No.1:- The evidence in this case consist of chief affidavit of the complainant and Exts.A1 series (13 Nos) documents. Exts.A1 series are the Receipts bearing Nos.44400 dated 27.06.2005, 73003 dated 12.08.2005, 70324 dated 06.08.2005, 72997 dated 12.08.2005, 94424 dated 06.10.2005, 70320 dated 06.08.2005, 11796 dated 17.03.2009, 28246 dated 01.04.2009, 28251 dated 14.04.2009,43369 dated 20.04.2009, 44415 dated 24.04.2009, 50949 dated 01.05.2009 and 53547 dated 05.05.2009 for Rs.625/-, Rs.625/-, Rs.625/-, Rs.625/-, Rs.2,500/-, Rs.625/-, Rs.4,000/-, Rs.1,000/-, Rs.2,000/-, Rs.2,000/-, Rs.3,000/-, Rs.1,000/- and Rs.10,000/- respectively. Nothing else is produced by the complainant to prove the offers in the scheme such as lottery prize, double of deposit amount etc... As per the complaint, complainant approached the opposite parties several times to get back the deposited amount with promised benefits of the scheme. But opposite parties failed to refund the promised amount. No evidence produced from the part of the opposite parties to defend their case. So we are of the opinion that the non refund of the deposited amount within a reasonable time is deficiency in service from the part of the opposite parties. The Point No.1 is decided in favor of complainant.
6. Point No.2:- We have examined the entire evidence and documents produced before us. We are of the opinion that there is deficiency in service on the part of opposite parties, hence the complainant is entitled to get refund of the deposited amount that is Rs.28,625/- along with reasonable interest. Point No.2 is decided accordingly.
In the result the compliant is partly allowed. The opposite parties are directed to refund Rs.28,625/- (Rupees Twenty Eight Thousand Six Hundred and Twenty Five) only along with interest @ 12% per annum from the date of joining the scheme till the date of full payment. The complainant is also entitled to get Rs.2,000/- (Rupees Two Thousand) only towards cost and compensation. The opposite parties are jointly and severely liable to comply this Order within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the 26th day of July 2013.
Date of Filing: 29.01.2013.
PRESIDENT : Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
Exts.A1(Series). 1. Receipt. Dt:27.06.2005.
2. Receipt. Dt:12.08.2005.
3. Receipt. Dt:06.08.2005.
4. Receipt. Dt:12.08.2005.
5. Receipt. Dt:06.10.2005.
6. Receipt. Dt:06.08.2005.
7. Beneficiary Certificate. Dt:17.03.2009.
8. Beneficiary Certificate. Dt:01.04.2009.
9. Beneficiary Certificate. Dt:14.04.2009.
10. Beneficiary Certificate. Dt:20.04.2009.
11. Beneficiary Certificate. Dt:24.04.2009.
12. Beneficiary Certificate. Dt:01.05.2009.
13. Beneficiary Certificate. Dt:05.05.2009.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
