By Sri. K. Gheevarghese, President:
The Complainant filed I.A No.158/2011 to take the evidence of the complaints No. CC.126/2011, CC. 127/2011 and C.C 128/2011 in joined trial and it was allowed on 28.10.2011. The complaint C.C. 126/2011 is the leading case.
C.C. No.126/2011
2. The Complainant joined the scheme run by the Opposite Party paying Rs.10,000/- and purchased 8 unites on 22.2.2006. The assurance of the Opposite Parties was that the amount invested in each units would be multiplied and the person who invested the amount can withdraw whenever he desires. In the month of February 2010 the Complainant approached the Opposite Party on reaching the maturity of the investments to get back Rs.1,60,000/-. The 1st and 2nd Opposite Parties already assured the Complainant that the amount invested in the scheme would be refunded in February 2011. The Complainant approached the Opposite Party in several times afterwards even then the Opposite Parties were not ready to stick on to the assurance instead put before the Complainant some lame excuses. The amount deposited to be given back to the Complainant. The non refund of the amount deposited to the Complainant is a deficiency in service.
3. There may be an order directing the Opposite Parties to refund Rs.1,60,000/- with an interest at the rate of 12% from 2010 March onwards till realisation of the amount along with cost of Rs.250/-
4. The Opposite Parties are declared exparte.
CC. No.127/2011
5. The complaint in brief is as follows:- The Complainant enlisted in the scheme run by the Opposite Parties paying Rs.1,250/- on 11.11.2005 and purchased units on 07.02.2006. An another units were purchased paying Rs.11,250/-. The Opposite Party assured the Complainants this project named Deepasthambham is a scheme which multiplies the investment sum in the laps of each year. The Opposite Party also informed the Complainant that the amount deposited could be withdrawn whenever desired by the party. The scheme reaches maturity for a period of 4 years. The Complainant approached the Opposite party for the refund of Rs.2,00,000/- reaching maturity of the deposited amount. The 1st Opposite Party advised the Complainant to approach the 2nd Opposite Party and it was finally informed the Complainant by the Opposite Parties that the amount deposited would be refunded by February 2011. The Complainant did not refund the amount with added profits though contacted several times. The non deposit of the amount to the Complainant is a deficiency in service.
6. There may be an order directing the Opposite Party to refund Rs.2,00,000/- with an interest at the rate of 12% from 2010 March onwards till realisation of the amount along with cost of Rs.250/-
7. The Opposite Parties are declared as exparte.
CC. No.128/2011
8. The gist of the complaint is as follows:- The Complainant is enrolled in the scheme run by the Opposite Parties purchasing 2 units on 28.10.2005 paying Rs.1,250/-. Another 2 units were purchased on 30.12.2005 paying Rs.1,250/-. On 07.02.2006 2 more units were purchased paying Rs.1,250/-. At the time of purchase the units the Opposite Parties assured the Complainant that the amount invested in this scheme would be multiplied in running of time and person who joined the scheme can withdraw the amount whenever the parties desires so. In February 2010 on completion of 4 years the Complainant approached the Opposite Party to get the amount refunded along with the assured profits. The 1st Opposite Party informed the Complainant to contact 2nd Opposite Party how ever the Opposite Parties finally assured the Complainant that the amount invested would be refunded in February 2011.
9. The Opposite Parties were not ready to give back the deposited amount with added profits the non refund of the amount deposited in the scheme is a deficiency in service .
10. There may be an order directing the Opposite Parties to refund Rs.60,000/- along with interest at the rate of 12% from March 2010 till the realisation of the amount along with cost of Rs.250/-.
11. The Opposite Parties are declared exparte.
12. The points that are to be settled are as follows:-
1. Is there any deficiency in service on the part of the Opposite Parties in the non
refund of the deposited amount in the scheme.
2. Relief and cost.
13. Points No.1:- The Complainant's in C.C. 127/2011 filed proof affidavit for himself and the Complainant's in C.C 126/2011 and 128/2011. The Complainant in C.C 126/2011 is the wife of the Complainant in C.C 127/2011 and the Complainant in CC 128/2011 is the daughter. Ext.A1 to A6 are the documents produced. The Complainant in C.C 126/2011 paid Rs.10,000/- in the Deepasthambham Project on 22.02.2006 and 8 units were purchased. The receipt given towards this is Ext.A1 which is numbered as 182964. The Complainant in CC 127/2011 purchased 10 unites in total in Deepasthambham Project. The receipt No.124793 joining on 11.11.2005 is Ext.A2 of Rs.1,250/-. The receipt No.172706 acknowledging the receipt of Rs.11,250/- for 9 unites is Ext.A3. The complainant in C.C 127/2011 joined the scheme on 07.02.2006. The Complainant in CC 128/2011 purchased 4 units each units worth Rs.1,250/-. The membership issued to the Complainant in C.C 128/2011 was on 28.10.2005 purchased 2 units. The receipt No.112733 issued to the Complainant in CC 128/2011 is Ext.A4. An another units are purchased by this Complainant paying Rs.1,250/- which was on 30.12.2005. The receipt No.149726 given by the Opposite Party is Ext.A5. An another units on 07.02.2006 paying Rs.1,250/- is purchased by the Complainant in C.C. 128/2011 and the receipt No.112690 is given it is marked as Ext.A6. The Complainants did not tendered any evidence to substantiate their contention that the deposited amount would be doubled within a period of 4 years and no document is produced in that effect. In the absence of any adverse inferences it is to be considered that the Opposite Parties have not refunded the deposited amount to the Complainants in CC 126/2011, CC 127/2011 and CC 128/2011. The non refund of the deposited amount to the Complainants are nothing less than the deficiency in service.
14. Point No.2:- The Complainant's in CC 126/2011, CC 127/2011 and CC 128/2011 are to be refunded the amount deposited along with interest and cost.
In the result, the complaints are partly allowed. The Opposite Parties are directed to refund Rs.10,000/- (Rupees Ten thousand only) to the Complainant in CC 126/2011 with interest at the rate of 12% from the date of joining on 22.02.2006 till the realisation. The Complainant in CC 127/2011 is to be refunded Rs.1,250/- (Rupees One thousand Two hundred and Fifty only) with an interest at the rate of 12% from the date of joining that was on 11.11.2005, Rs.11,250/- (Rupees Eleven thousand Two hundred and Fifty only) is to be refunded with an interest at the rate of 12% from the date of joining that was on 07.02.2006 till the realisation of the amount. The Complainant in CC 128/2011 is to be refunded Rs.1,250/- (Rupees One thousand Two hundred and Fifty only) from the date of joining on 28.10.2005 Rs.1,250/- (Rupees One thousand Two hundred and Fifty only) from the date of joining on 30.12.2005 and Rs.1,250/- (Rupees One thousand Two hundred and Fifty only) from the date of joining on 07.02.2006 with an interest at the rate of 12% from the date of joining till the realisation of the amount. The Complainants in CC 126/2011, CC 127/2011, CC 128/2011 are also entitled for the cost of Rs.250/- (Rupees Two hundred and Fifty only) for each. The Opposite Parties are jointly and severally liable to pay the amount within one month from the date of receipt of this order.
Pronounced in open Forum on this the day of 30th November 2011.
Date of filing:23.07.2011.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/ Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N X I X
Witness for the Complainants:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainants:
A1. Receipt No.182964
A2. Receipt No.124793.
A3. Receipt No.172706.
A4. Receipt No.112733.
A5. Receipt No.149726.
A6. Receipt No.172690.
Exhibits for the Opposite Parties:-
Nil.
