By. Smt. Renimol Mathew, Member:

The complaint filed against the opposite parties alleging the deficiency in service for non refund of the amount deposited in the scheme named LIS Deepasthambham Project.

2. Briefly stated the facts of the complaint are:- The opposite parties made wide advertisements in medias to the effect that the amount deposited in the project would be doubled and multiplied to 208% (100% +108%) including lottery commission and prizes within a few months. On believing this, complainant deposited Rs.1,250/- in the LIS Deepasthambham Project in their Kalpetta Branch and the same has been acknowledged in Receipt No.48980 dated 04.07.2005. This is also mentioned in the Notice issued by the opposite parties. At the time of making deposits it was specifically told to this complainant that deposits will be renewed and

re-deposited every two year unless withdrawn. It has been reiterated in letter dated 20.03.2007 by the opposite parties that doubled amount will be given to all deposits made after 06.05.2005 as promised. By this the opposite parties reiterated that they will provide double amount within two years of deposit. The complainant renewed deposits every two year. Accordingly deposits stands renewed in 2007, 2009 and 2011. No separate receipts were issued on such renewals from the Branch Office. When complainant approached opposite parties Branch Office at Kalpetta, the Manager informed that the project is running smoothly and the deposits are being grown and the deposited amount and accretions thereon at the promised rate will be repaid on demand. On 14.10.2011 the complainant approached 1^st Opposite party's office at Kalpetta and requested for the refund of the deposits and increments thereof, he was informed that the project is being closed and put forth lame excuses for repayment. On 01.03.2012 the complainant went to the Branch office at Kalpetta, from the local enquiries he knew that they shifted all records from here to their office at Ernakulam. The complainant was not served with any information regarding the shifting of this Branch Office. The complainant contacted several occasions to opposite parties for refund of the deposited money with offered benefits. Now the deposits are with the opposite parties for last 6 years. According to the promise of the opposite parties containing in their brochure and letter dated 20.03.2007, the deposited amount have been multiplied to Rs.10,000/- by July 2011. But opposite parties were not ready to repay the amount even after repeated demand. The complainant alleged that this is deficiency in service on the part of the opposite parties. So the complainant praying for an Order directing the opposite parties to refund the money deposited with all offered benefits of the scheme together with cost and compensation.

3. Notice being served to opposite parties, and Vakalath filed but no version filed within stipulated time. Hence opposite parties were set ex-parte on 27.05.2013 and proceeded with the case.

4. On considering the complaint and affidavit the following points are to be considered:-

1. Is there any deficiency in service on the part of the opposite parties?

2. Relief and Cost.

5. Point No.1:- The evidence in this case consist of chief affidavit of complainant and Exts.A1 to A3 documents. Ext.A1 is the copy of Receipt dated 04.07.2005 of Rs.1,250/-. Ext.A2 is the Copy of Brochure and Ext.A3 is the Letter dated 20.03.2007. On going through Ext.A2 and Ext.A3 documents it is found that opposite parties offered double of deposit amount and lottery prize to the depositors. But in Ext.A1 document, the receipt given by opposite parties to the complainant nothing mentioned regarding the double amount and lottery prize. No

other documents is produced by the complainant to support his case. Relying on the records and details produced before us, we are of the opinion that there is deficiency in service on the part of the opposite parties. Point No.1 is found accordingly.

6. Point No.2:- We have examined the entire aspects of the case and considered the documents advanced before us. We understood that the deposited amount is with opposite parties for the last 6 years, the non refund of the deposited amount with all offered benefits of the scheme is nothing but deficiency in service on the part of the opposite parties. Hence the complainant is entitled to get refund of the deposited amount along with reasonable interest. The Point No.2 is decided accordingly.

In the result the complaint is partly allowed and the opposite parties are directed to refund the deposited amount that is Rs.1,250/- (Rupees One Thousand Two Hundred and Fifty) only along with interest at the rate of 12% per annum from the date of joining the scheme till the full payment. The opposite parties are also directed to pay Rs.2,000/- (Rupees Two Thousand) only as cost, and Rs.2,000/- (Rupees Two Thousand) only as compensation to the complainant. The opposite parties are jointly and severely liable to comply this Order within one month from the date of receipt of this Order.

Pronounced in Open Forum on this the 31^st day of July 2013.

Date of Filing:01.01.2013.

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-
 

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

Nil.

Witness for the Opposite Party:

Nil.

Exhibits for the complainant:

A1. Copy of Receipt. Dt:04.07.2005.

A2. Copy of Brochure.

A3. Copy of Letter. Dt:20.03.2007.

Exhibits for the Opposite Party.

Nil.

Sd/-
 

PRESIDENT, CDRF, WAYANAD.