By Sri. K. Gheevarghese, 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.6,250/- in project run by the 1st 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 reaching maturity of the scheme on 16.08.2010 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.2,00,000/- towards the amount deposited along with profits. The non performance of the assurance at the time of deposit of the amount is a deficiency in service. The Complainant is also entitled to get Rs.50,000/- towards compensation. There may be an order directing the Opposite Party to give the Complainant Rs.2,50,000/- including the compensation and refund of the amount deposited with profits.
3. The Opposite Parties are declared exparte.
The points in consideration are:-
Is there any deficiency in service on the part of the Opposite Parties?
Relief and cost.
5. Points No.1 and 2:- The Complainant filed proof affidavit and Ext.A1 is 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 19.07.2005 nothing else is produced by the Complainant to substantiate the contention that the amount deposited would be multiplied so as to reach Rs.2,00,000/-. 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.6,250/- (Six thousand Two hundred and Fifty 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.2,000/- (Rupees Two 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.
Pronounced in open Forum on this the date 23rd February 2012.
Date of filing:19.08.2011.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibit for the Complainant:
A1. Copy of Receipt No.60571.
Exhibit for the Opposite Parties:
Nil.
.
