By. Smt. Renimol Mathew, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to return the deposited amounts with offered benefits together with compensation and cost of the proceedings.
2. Brief of the complaint:- Attracted by the advertisements given by opposite parties through newspapers and television throughout Kerala including Wayanad that they are launching a new scheme of deposit. In which the deposit amount will be doubled within two years and also providing services of lottery tickets for the customers. On believing this complainant joined in this scheme and deposited Rs.30,000/- on 20.09.2005 as per Receipt No.86619. 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 in time is deficiency in service on the part of the opposite parties. Hence filed this complaint.
3. Notices issued to opposite parties. They filed Vakalath but no version filed. Hence Opposite parties set ex-parte on 13.11.2014 and proceeded with the case.
4. On considering the complaint and affidavit the following points are to be considered:-
1. Whether there is any deficiency in service on the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- In addition to complaint, complainant filed chief affidavit and examined as PW1 and produced document is marked as Ext.A1 and Ext.A2. Ext.A1 is the Receipt No.86619 for Rs.30,000/- dated 20.09.2005. Ext.A2 is the Letter dated 20.03.2007. On several occasions the complainant contacted the opposite parties directly and over phone to get back the deposited amount, all these occasions they have extended the time for payments. The cause of action is still continuing. On considering all these aspects Forum finds that there is deficiency of service from the part of opposite parties. 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 parties are directed to pay Rs.30,000/- (Rupees Thirty Thousand Only) with 10% interest to the complainant. The opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand only) as compensation and Rs.5,000/- (Rupees Five Thousand only) as cost of the the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2014.
Date of Filing:27.08.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1.(Proof Affidavit) Chandramathi. M. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Receipt No.86619. Dt.20.09.2005.
A2. Letter. Dt:20.03.2007.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
