By G. Yadunadhan, President:

            The case of the complainant is that complainant had invested a sum of Rs.3,56,250/- in a housing project of the opposite parties, viz., Pen Airport Village at Nedumbassery .  The opposite parties had floated the project undertaking that they would develop the land, do the filling and leveling of the land, do the roads and infrastructure for a residential layout, build a compound wall and hand over possession of a level plot of land suitable to build a house within a specified period.  After receiving the amount opposite parties designated plot No.98C to the complainant.  Now it is learnt that the opposite parties with regard to promises of services made to the complainant are preparing to sell off the property to another party at a higher amount, thereby depriving people like the complainant of a much long awaited investment opportunity coming good.  Now the opposite parties promised to return the amounts with the interest specified in the agreement only and they want almost a year to return the money.  Complainant further submits that she did not invest her money to get interest.  Had it been so, she could have very well done it with any bank.  But what she wanted was land of her own at Nedumbassery.  After receiving Rs.3,56,250/-, opposite parties again approached to the complainant and received another Rs.3,00,000/- in a scheme called Pen Treasure Hunt Franchising Scheme.  The rate of interest promised was 24 per annum.  The complainant is now owed Rs.6,56,250/- .  Out of this amount, Rs.3,00,000/- has been invested in supplementary schemes of opposite parties.  After several requests opposite party did not turn up.  Hence complainant is seeking relief against the opposite parties to return an amount of Rs.13,12,500/- with interest.

            After serving notice, opposite parties are called absent and set exparte. 

            Complainant filed affidavit and she was examined as PW1.  Exts. A1 to A13 were also marked on the side of the complainant.

            From the evidence of PW1 and from the Exts. of A1 to A13, complainant’s case is proved.

            In the result, petition is allowed and the opposite parties are directed to return an amount of Rs.6,56,250/- with 12% interest from the date of deposit and also to pay an amount of Rs.5000/- as compensation along with a cost of Rs.500/- to the complainant.  Comply the order within one month of receiving the copy of this order.

            Pronounced in open Court this the 27^th day of February 2009.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Authorisation letter issued by Smitha Karan to Smt. Valsala Karunakaran.

A2            Photocopy of the Agreement for sale of property.

A3            Photocopy of Receipt dated 17.4.2006 for Rs.3,56,250/-.

A4            Photocopy of covering letter dated 25.4.2006.

A5            Photocopy of the temporary document issued before regisration.

A6            Photocopy of Receipt dated 13.12.2006 for Rs.3,00,000/-.

A7            Photocopy of letter dated 22.12.2006 from Pen Books Pvt. Ltd. To the complainant

A8            Photocopy of letter issued by 3^rd O.P.

A9            Photocopy of letter dated 9.10.2007 issued by 3^rd O.P.

A10            Photocopy of letter dated 18.4.2008 issued by 3^rd O.P.

A11            Photocopy of letter issued by 3^rd O.P.

A12      Copy of lawyer notice along with photocopy of postal acknowledgements and

            Postal receipts

A13            Photocopy of letter dated 19.8.2008 from Shibi Poly to the complainant.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1     Valsala Karunakaran, D/o. M. Parameswara Menon, 36/893A, Shruthakeerthi,

            Vengeri P.O., Calicut 673010.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.