By. Smt. Saji Mathew, Member:-
The gist of the case is as follows:- The complainant had deposited Rs.1,10,000/- with the opposite parties on 06.10.2005 as per receipt No.94413. He made the deposits believing the assurance made directly and by advertisements given by the opposite parties that the amount deposited would be doubled within a period of 2 years. But on maturity of the deposits the opposite parties had not given back the deposited amount. They evaded payments stating one or other reasons. This is deficiency in service on the part of the opposite parties. Therefore the complainant prays for an order directing the opposite parties to pay Rs.1,10,000/- with all benefits and compensation of Rs.15,000/- and cost of Rs.5,000/-.
2. The opposite parties filed version and admitted the acceptance of an amount of Rs.1,10,000/- from the complainant. The amount was accepted for supplying government lottery tickets and issuing collage magazines to the complainant. The complainant is not entitled for any interest as there is no agreement between the opposite parties and complainant to pay interest on the amount. Hence the opposite parties pray for an order dismissing the complaint.
3. The complainant was examined as PW1 and document was marked as Ext.A1. The opposite parties have not adduced any oral evidence. No document was marked on the side of the opposite parties.
4. The matters to be decided are:-
1. Whether there is any deficiency in service on the side of the opposite parties?
2. Relief and Cost.
5. Point No.1 :- Ext.A1 shows that the complainant has entrusted Rs.1,10,000/- with the opposite parties. Though the opposite parties state that they have accepted the amount for supplying lottery tickets and college magazines to the complainant. There is no evidence to show that they have rendered any such service. There is also no evidence to show that the amount was repaid. Hence there is clear deficiency in service on the side of the opposite parties.
6. Point No.2 :- There is no written or recorded assurance on the side of the opposite parties to double the deposit by two years. However the complainant is entitled to get back the amount he entrusted with the opposite parties with reasonable interest and compensation.
Hence the complaint is partly allowed and the opposite parties are directed to give the complainant an amount of Rs.1,10,000/- ( Rupees One Lakh and Ten Thousand Only) with an interest at the rate of 9% per annum from the date of deposit till payment. They are also directed to pay compensation of Rs.10,000/- (Rupees Ten Thousand Only) to the complainant. This Order is to be complied within 30 days of the receipt of this Order.
Pronounced in Open Forum on this the day of 9th March 2012.
Date of Filing:29.12.2011.
