By. Sri. Chandran Alachery, Member:-
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 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 05.06.2007 complainant deposited Rs.6,000/- as per Beneficiary Certificate No.47192 in Jyothis Project of opposite party at Kalpetta. 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 party requested further time to pay the amount, but till this date opposite parties have not paid 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 parties but opposite parties not appeared before the Forum. Hence the opposite parties are set ex-parte on 20.02.2015 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 parties?
2. Relief and Cost.
5. Point No.1:- Complainant filed affidavit and produced document is marked as Ext.A1. Ext.A1 is the Beneficiary Certificate bearing No.47192 dated 05.06.2007 for Rs.6,000/-. on perusal of document it is clear that the complainant deposited Rs.6,000/- to opposite party. On several occasions complainant contacted the opposite parties to get back the deposited amount, but opposite parties 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.6,000/- (Rupees Six Thousand) only with 10% interest to the complainant from the date of complaint. The opposite parties are also directed to pay Rs.1,000/- (Rupees One Thousand) only as compensation and Rs.1,000/- (Rupees One 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. 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 19th day of March 2015.
Date of Filing:08.12.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Thomas. P. T. (affidavit)
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Beneficiary Certificate No.47192. dt:05.06.2007.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
