By. Smt. Renimol Mathew, Member:
Brief of the complaint:- Opposite parties widely advertised in all medias regarding their money duplication project. Attracted by this advertisements complainant deposited Rs.1,000/-, Rs.2,000/-, Rs.25,000/-, Rs.1,000/- on 14.06.2007 and Rs.1,000/- on 02.06.2007, and Rs.4,375/- on 04.10.2005 and Rs.1,000/- on 28.01.2009 in DLS Jyothis Project and LIS Deepasthambham project under the ownership and supervision of opposite parties. Towards the payment opposite parties issued Beneficiary Certificates bearing No.52152, 58028, 58030, 58031, 58029, 93470 and 7807 respectively. As per the said project on completion of every two year opposite parties offered double of the deposited amount together with lottery prizes and commissions. The expiry date mentioned in the Beneficiary Certificates of DLS Jyothis Project were 25.04.2009 and 07.05.2009 respectively. After the said period the complainant approached the opposite parties branch office several times to release the deposited amount with all offered benefits of the scheme. At last they agreed to return the amount on 31.03.2013 but opposite parties were not ready to release the promised amount so far. Hence complainant filed this complaint. According to complainant this is deficiency in service on the part of the opposite parties. So he prays for an Order directing the opposite parties to refund the promised amount with compensation and cost of this proceedings.
2. Notices sent to opposite parties. They filed Vakalath but no version filed. Hence Opposite parties set ex-parte on 20.08.2013 and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered:-
1. Whether there is any deficiency in service on the part of opposite parties?
2. Relief and Cost.
4. Point No.1 :- To prove complainant's case he filed Chief affidavit and Exts.A1 series documents were marked. Exts.A1 series are the Beneficiary Certificates bearing No.52152, 58028, 58030, 58031, 58029, 93470 and 7807 respectively. The inception of complainant on this scheme was on 04.10.2005,02.06.2007 and 14.06.2007. Nothing else is produced by the complainant to substantiate his case. After the completion of the period complainant approached several times to release the promised amount but opposite parties were not ready to release the promised amount. So we finds that this is deficiency in service on the part of the opposite parties. The Point No.1 is found accordingly.
5. Point No.2:- In order to prove the case complainant produced Beneficiary Certificates and Payment Receipts. Nothing else is produced by the complainant to prove the offers in the scheme such as lottery prizes, commission, double of deposit amount etc... However the non refund of the amount is nothing but deficiency of service from the part of the opposite parties. So the complainant is entitled to get refund of deposited amount with reasonable interest and compensation.
In the result the complaint is partly allowed. The opposite parties are directed to refund the deposited amount that is Rs.35,375/- (Rupees Thirty five Thousand Three Hundred and Seventy Five) only with interest at the rate of 12% per annum from the date of joining the scheme till full payment. The opposite parties are also directed to pay Rs.3,000/- (Rupees Three Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost of this proceedings. The opposite parties are jointly and severely liable to comply this Order within one month from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of October 2013.
Date of Filing:10.05.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1(Series). Beneficiary Certificate No.52152. Dt:02.06.2007.
Beneficiary Certificate No.58028. Dt:14.06.2007.
Beneficiary Certificate No.58030. Dt:14.06.2007.
Beneficiary Certificate No.58031. Dt:14.06.2007.
Beneficiary Certificate No.58029. Dt:14.06.2007.
Receipt No.93470. Dt:04.10.2005.
Registration Certificate No.7807. Dt:28.01.2009.
Exhibits for the opposite Parties.
Nil.
SD/-
PRESIDENT, CDRF, WAYANAD.
