By Sri.M.P.Chandrakumar., Member :
The case is of the complainant is that he had joined a scheme of the opposite parties as per which , if the complainant pays Rs.5750/- P.M. for 11 months ,he will be refunded Rs.90900/- with interest. As per the scheme, the complainant paid the 1st installment of Rs.5750/- for which he was issued certificate no. S. no EP 66 B 4081710 on 13-01-12.The termination date of the certificate was 13-07-2017. The complainant had remitted seven installments of Rs.5750/-. Later on; it was known that the opposite party has terminated their activities before the due date. However, the company failed to pay any to the complainant, even though he had remitted a total amount of Rs.40250/-. This caused mental agony to the complainant. Since the action on the part of the opposite parties amounts to unfair trade practice, the complaint filed with prayers to direct the opposite party to pay Rs.40250/- with 12% interest from 13-01-12 , in addition to compensation and cost.
2.The opposite parties remained ex-parte. The complainant has filed proof affidavit and evidences marked as Exhibits P1 & P2 .Ext. P1 is the original agreement / registration letter with S no EP66B 4081710 dated 13-01-2012 for Rs.5750/-, issued by the opposite parties ; Ext. P2 is the 1st installment receipt cum acceptance letter dated 13-01-12. There is no evidence to the contrary.
3.The Forum has verified the entire documents produced by the complainant. As per the complaint, it is seen that the complainant has claimed the refund of Rs.40250/-, stating that he has remitted the amount in seven installments. The claim being so , it was for the complainant to produce documents to prove the same . However , the complainant has not produced any other document, other than Ext. P1 & P2 , which proves only the remittance of Rs.5750/- to prove the actual amount promised to him by the opposite party, at the end of the agreement. The Forum is of opinion that the complaint being filed, it is for the complainant to prove his arguments with the relevant records .But, the complainant has failed to produce records and prove that he has remitted Rs.40250/-. As such, we are of opinion that the complainant has failed to prove the case
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of June 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext. P1 original agreement / registration letter with S no EP66B 4081710 dated 13-01-2012 for Rs.5750/-,
Ext. P2 1st installment receipt cum acceptance letter dated 13-01-12
Id/-
Member
