By Sri. Jose. V. Thannikode, President:

The complaint filed against the Opposite Party to refund the deposited amount along with the assured profits.

2. The complaint in brief is as follows:- The Complainant deposited Rs.10,000/- on 24.10.2005, Rs. 10,000/- on 06.12.2005, Rs. 60,000/- on 6.4.2006 and Rs.5,000/- on 30.04.2006 respectively in project run by the 1^st Opposite Party namely Deepasthambham at the time of inception to the scheme. The Opposite Party assured that the amount deposited would be multiplied through lottery commission. The Complainant approached the Opposite Party on 07.01.2013 for the refund of the amount deposited along with profits. The Opposite Parties were not ready to refund the amount deposited on flimsy ground. There may be an order directing the Opposite Party to give the Complainant Rs. 85,000/- with 15% interest from the date of deposit till payment, Rs. 20,000/- as Mental agony and Rs. 8,000/- as cost of this complaint.

3. The Opposite Parties are declared exparte.

 

4. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

5. Points No.1 and 2:- The Complainant filed proof affidavit and Ext.A1 to A9 are the

documents produced. The dispute in issue is in respect of the non refund of the deposited amount by the Complainant in the scheme run by the Opposite Party. Ext.A1 is the receipt given by the Opposite Party to the Complainant. The inception of the Complainant in the scheme was on 24.10.2005 nothing else is produced by the Complainant to substantiate the contention that the amount deposited would be multiplied so as to reach Rs.3,40,000/-. However the non refund of the amount deposited is nothing but deficiency in service on the part of the Opposite Party. The Complainant is entitled to get the refund of the amount along with reasonable interest and cost.

In the result, the complaint is partly allowed. The Opposite Parties are directed to refund Rs. 85,000/- (Rupees Eighty Five thousand) only along with interest at the rate of 12% from the date of joining the scheme till the realisation of the amount. The Complainant is also entitled to get Rs.1,000/-. (Rupees One thousand ) only towards the cost and compensation. The Opposite Parties are jointly and severally liable to comply this order within one month from the date of receipt of this order.

Pronounced in open Forum on this the 25^th day of May 2013.

Date of filing:04/02/2013

PRESIDENT: Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N X I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Temporary Receipt dt:24.10.2005

A2. Temporary receipt dt:06.12.2005

A3. Temporary Receipt dt:06.04.2006.

A4. Provisional Membership Certificate – AIP dt:30.04.2006.

A5. Beneficiary Certificate.

A6. Beneficiary Certificate.

A7. Beneficiary Certificate.

A8. Receipt No.107046.

A9. Beneficiary Certificate.

Exhibit for the Opposite Parties:

Nil.