IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of January, 2012
Filed on 04.05.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.155/2011
between
Complainants:- Opposite Parties:-
1. The Consumer Protection Council 1. Sri. P.V. Chacko, Chairman
of Kerala, Represented by KGM Nair M/s. LIS DSP Group
its Founder General Secretary DLS 40/8942C, 2nd Floor
S.D.V. Aryavaidyasala Building CRH Complex, M.G.Road
Park Junction, Mavelikara – 690 101 Eranakulam – 35
2. Sri. P.S.Geevarghese 2. M/s. LIS DSP Group
Piniel Sadanam DLS 40/8942C
Mattom North, Mavelikara – 690 103 -do- -do-
(By Adv. K.T. Anishmon)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.P.S.Geevarghese has filed this complaint on 04.05.2011 before the Forum through the Consumer Protection represented by KGM Nair alleging deficiency in service on the side of the opposite parties. The allegations are as follows: As per the personal instigation of the opposite parties, and through advertisement by offering attractive benefits, he had deposited a total sum of Rs25,000/- through their office at Mavelikara before the firm of the opposite parties on 7.4.2006. At the time of accepting the amount from him, the opposite parties had issued the Temporary Receipt dt. 7.4.2006 in his name showing the acknowledgement of the receipt of the said amounts, and that the project offered and agreed that the amount entrusted by him will fetch a minimum of twice the entrusted amount along with commission after 18 months. Opposite parties requested him to transfer the deposited amount to LIS Deepasthambham Project to the Jyothis Project of the said firm on 9.6.2007. As per offer, he is entitled to get doubled amount with other statutory benefit after the maturity period on 2.5.2009 . The opposite parties promised that the deposited amount with other benefit will be returned as and when it was demanded by him. Since there was delay to get the amount, he contacted the opposite parties several times for getting the amount with interest. He had sent several registered communications to the opposite parties. But the opposite parties have not turned up and evaded from the assurance so far, they have not repaid the amount. Hence this complaint seeking proper relief.
2. Notices were issued to the parties. Opposite parties are entered appearance through counsel. But they have not filed any version, even though Forum given several chances for the same. Considering their absence for filing version and their absence at the time of hearing – the Forum proceeded further for a fair adjudication of this case.
3. Considering the allegations of the complainants, this Forum has raised the following issues for a fair adjudication:-
1) Whether the complainant is entitled to get back the entire amount with interest from the opposite parties?
2) Whether there is any deficiency in service on the side of the opposite parties?
3) Compensation and costs?
4. Issues 1 to 3:- Complainant has filed proof affidavit and produced documents in evidence in support of his case – Exts A1 to A4 marked. Ext. A1 is the original temporary receipt dated 7.4.2006 for a sum of Rs.25,000/- issued to the complainant by the opposite parties at the time of deposit of the amount in their firm M/s.LIS Deepasthambham Project.Ext.A1 further shows the details of deposit and other matter. Ext.A2 is the letter issued by the opposite parties vide dt. 30.4.2007 to the complainant regarding the matter related to the deposit. Ext.A3 is the beneficiary certificate issued to the complainant. It shows the deposited amount, date of joining and expiry date etc. Ext.A4 is the notice sent to the opposite parties vide dt. 24.11.10 issued by the Consumer Protection Counsel to the opposite parties for the settlement of the issue.
5. We have verified the entire matter of this case in detail. On the basis of assurance given by the opposite parties, the complainant had deposited the amount of Rs.25,000 before the firm of the opposite parties. At the time of accepting the amounts, the opposite parties had issued original receipt for the said amount to the complainants after acknowledged the receipt of the said amounts (Ext. A1). The certificate further shows the date of depositing the amount, name of the party, amount deposit, date of joining the scheme, the details of units and pas code etc. Later the said deposit transferred to LIS Deepasthambham as per the direction of the opposite parties. The receipts were signed by the Managing Partner of the said firm and CEO and OCR. The certificate further shows the details of the said firm at Eranakulam. Since there was refusal to return the amount by the opposite parties as per their agreement, the complainant contacted the opposite parties on several times and requested to return the amount. At the time of receiving the amount, the Project offered and agreed that the amount entrusted by the complainant, will fetch a minimum of twice the entrusted amount. But contrary to the assurance, the opposite parties had evaded from the assurance to the complainant. The opposite parties are fully entitled to return the entrusted amount with interest to the complainant and that the complainant has every right to get back the amount with interest in time. On verification of the entire matter of this case, we are of the view that the whole actions of the opposite parties shows their fraudulent steps, cheating nature and their unfair trade practice. The opposite parties cannot escape from the liability in repayment of the deposited amount payable to the complainant. We are of the further view that the action taken by the opposite parties in this case was purposeful refusal to the repayment of the amount with interest to the complainant. As per the decision of the opposite parties, they have transfer the amount to LIS Deepasthambham Project. It shows their unfair trade practice in order to defeat the interest of the complainant. The opposite parties have no right to retain the amount deposited by the complainant, without repayment. It is further noticed that even though, the opposite parties have accepted the notices of this Forum, they have not cared to explain the reason for refusal to pay the amount to the complainant even though their counsel filed vakalath only before the Forum. The whole action taken by the opposite parties in this financial matter shows their illegal attitude, arbitrary and cheating nature. After considering the facts and circumstances of this case, we are of the strong view that the allegations raised by the complainant against the opposite parties are to be treated as highly genuine. The whole facts of this case, further shows that the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties by way of purposeful denial to repay the deposited amount to the complainant with interest in time and evaded from the assurance given by them to the complainant at the time of deposit of the said amount before their firm. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite parties, they are fully liable to pay compensation and costs to the complainant. All the issues are found in favour of the complainant. Hence, after considering the whole facts of this case, we are of the view that the complaint is to be allowed.
In the result, for the ends of justice, we hereby direct the opposite parties to return the deposited amount of Rs.25,000/- (Rupees twenty five thousand only) to the complainant Sri. P.S. Geevarghese with 9% interest from the date of deposit of the said amount till the date of repayment of the entire amount, and further pay a compensation amount Rs.5,000/- (Rupees five thousand only) to the complainant for his mental agony, pain, sufferings, harassment, loss, inconvenience and physical strain due to grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties by way of purposeful denial to repay the amount with interest to the complainants in time and evaded from the assurance given by them to the complainants at the time of depositing the amount by the complainant. We further direct the opposite parties to pay an amount of Rs.3,000/- (Rupees three thousand only) to the complainant as the costs of this proceedings. We further ordered that the complainant is free to proceed against the assets of the opposite parties in case any default to pay the amount as per this order. We direct the opposite parties to pay the above said amounts to the complainants within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 31st day of January, 2012.
Sd/- Sri. K. Anirudhan
Sd/- Sri. Jimmy Korah
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original temporary receipt dt. 7.4.2006
Ext.A2 - Letter issued by the opposite parties to the complainant
Ext.A3 - Beneficiary certificate issued to the complainant
Ext.A4 - Notice sent to the opposite parties dt. 24.11.2010
Evidence of the opposite parties: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by :-pr/-
Compared by:-
