By. Sri. Jose. V. Thannikode, President:-

The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to pay Rs.90,900/- towards the matured and due covered by the scheme amount to the complainant.

2. Brief of the complaint:- The complainant is a coolie worker. The opposite parties when announced and canvassed the general public, with respect to their Scheme called "Pearls", the complaint herein also joined in the Scheme. As per the scheme of booking and allotment of plots, the complaint has paid the entire installment without making default. The scheme was having registration No. as U273187402 and it was commenced on 31.01.2012. The total amount to be paid was Rs.62,500/- and the instalment amount was The 1st opposite party is a registered private limited company having its head office at New Delhi. The 2^nd opposite party is the Corporate Office of the 1^st opposite party and opposite party No.3 is the office of Calicut and opposite party No.4 is the agent of the opposite party No.1. fixed a Rs.1,000/-. As per the terms, the expiry date of the scheme was 31.07.2017. After the expiry date, when the complainant contacted the opposite parties, they were seeking time again and again. The opposite parties now failed neither to provide plots nor to return the money. After paying centre instalment and after complying all the formalities as required by the opposite parties, the opposite parties have no right to day the legal rights of the complainant. It was the 4th opposite party who canvassed the complainant to join in the scheme and all papers brought by the opposite party No.4 were signed blandly by the complainant. There is deficiency in service on the side of the opposite party. The opposite parties are jointly the opposite party. The opposite parties are jointly and severally liable to make good the loss and damages sustained to the complaint.

3. The opposite parties have no right or authority to retain or with held the money of the complainant. Whenever the complainant demanded to amount returned, the opposite parties were prolonging the repayment saying some flimsy reasons. The cause of action for the complaint arose when the opposite party issued certificate dated 31.01.2012 and on 31.01.2017 when the period of scheme was period was expired and on 01.09.2017 when the amount was demanded and this demand was turned down by the opposite parties. And thereafter on each date at Kalpetta within the jurisdiction of this Hon'ble forum. It is therefore prayed that this Hon'ble Forum may be pleased to pass an award in favour of the Complainant and against the Opposite Parties. 1. Directing the opposite parties jointly and severally to pay a sum of Rs.90,900/- towards the matured amount due covered by the scheme amount to the complainant. 2. Directing the opposite parties jointly and severally to pay interest at the rate of 10 % p.a. for each monthly installment paid by the complainant commencing from 31.01.2017. 3. Awarding a sum of Rs.25,000/- towards compensation to the complainant for the inconvenience suffered by the complainant due to the deficiency of service and unfair trade practice. 4. Awarding cost of the proceedings to the complainant.

4. Notices were send to opposite parties and opposite party No.4's notice served on 08.01.2018 and opposite party No.1 to 3's notice returned stating that ''left without intimation''. Hence paper publication is produced before the Forum against opposite party No.1 to 3. Hence all opposite parties name called absent and declared ex-parte.

5. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 series documents were marked. Ext.A1 is the Policy Certificate and installment receipt cum acceptance letter. Ext.A2 series are the Receipt for subscription (31 in numbers).

6. On considering the complaint, evidence and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service from the part of opposite party?

2. Relief and Cost.

7. Point No.1:- On perusal of Ext.A1 and A2 series shows the transaction and the amount of remittance. Since all opposite parties are ex-parte the allegation against the opposite party can believed and the documents of Ext.A1 and A2 series also proves the transaction and payment of money to opposite party. Hence we found that not returning of Rs.90,900/- towards the matured amount covered by the scheme is a clear case of deficiency of service and unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly.

8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to pay the matured amount with interest, cost and compensation. Point No.2 is decided accordingly.

In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to pay Rs.90,900/- (Rupees Ninety Thousand and Nine Hundred) with 12% interest from the date of complaint and also directed to pay cost and compensation of Rs.10,000/- (Rupees Ten Thousand) to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 15% per annum till realization.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28^th day of February 2018.

Date of Filing: 05.12.2017.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Aslam. U.(Affidavit). Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Policy Certificate and Installment Receipt.

A2(Series). Receipts for Subscription (31 Numbers).

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-