Kerala

Trissur

CC/09/839

Eliyama Thomas - Complainant(s)

Versus

Pen properties & Builders (P) Ltd@ pen books (P) Ltd - Opp.Party(s)

Adv. Aji Thomas

20 Aug 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMAyyanthole , Thrissur
Complaint Case No. CC/09/839
1. Eliyama ThomasW/o Thomas,Mercy Ben,Co-operative Cross Road,ChembukavuThrissurKerala ...........Appellant(s)

Versus.
1. Pen properties & Builders (P) Ltd@ pen books (P) LtdRegd office,Door no.9/235,PB No.143,Palace Road,AluvaErnamkulamKerala ...........Respondent(s)



BEFORE:
HONORABLE Padmini Sudheesh ,PRESIDENTHONORABLE Rajani P.S. ,MemberHONORABLE Sasidharan M.S ,Member
PRESENT :Adv. Aji Thomas, Advocate for Complainant

Dated : 20 Aug 2010
JUDGEMENT

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By Smt. Rajani.P.S, Member:
 
          The case of the complainant is as follows: The complainant had entered as a project partner for land development and construction in the respondent firm by entrusting a sum of Rs.50,000/- for one year on 16.8.2006 at their office situated at Dhamodhar & Sons Complex, Round West, Thrissur. The respondent had issued a receipt for the payment on the same day itself. The respondent made to believe the complainant that by entering into the project partnership that the income derived from the payment which the complainant invested in schemes will be paid in equal instalments as 12 post dated cheques of Rs.750/- each for one year and it will be an amount of Rs.9000/- per year. On 17.8.2006 the complainant received the same from their office. The cheques cleared very easily also. The last cheque cleared on 2.8.07. The respondent was agreed to return the sum of Rs.50,000/- on 2.8.07. But on 2.8.07 the respondent asked the complainant to renew the same into one more year before the above said amount on the due date on 2.8.07. She believed their words and renewed the same for one more year and received the receipt on 11.9.07. But at that time there was no post dated cheques attached as earlier. Thereafter upon enquiry by complainant, the respondent told that the post dated cheques will be sent to the complainant’s residence by post. But the complainant has not received the same for a long time and so many times she went to the respondent’s office at Thrissur and Aluva also. But no reply from the respondent. After several phone calls the respondent agreed to send the amount by way of D.D. and the sum of Rs.750/- per month before 31st March 2008. On 10.4.2008 she received a letter from the respondent that the above mentioned amount will be paid before 30th of June 2008. But it was also not happened. On 29.4.2008 a lawyer notice was sent. The respondent received the same and no reply so far. After that she preferred a complaint against the respondent and the police taken a statement on 26.4.2009. Till now there is no case registered and no action taken. Hence the complaint.
 
          2. The respondent called absent and set exparte. 
 
          3. To prove the case of the complainant she had filed an affidavit and the documents produced are marked as Exts. P1 to P9.
 
          4. According to the complainant, she entered as a partner for land development and construction in the respondent firm and entrusted an amount of Rs.50,000/- for one year on 16.8.2006. During payment they issued a receipt and 12 post dated cheques for one year for the income derived from the payment. The respondent was agreed to return the invested amount on 2.8.2007 but on that day they asked the complainant to renew the same into one more year. She believed their words and did so. She received only the receipt for the invested amount and no post dated cheques for one year. Upon enquiry they made to believe the complainant that it will be sent by post. But she did not receive the cheques and further the invested amount. She repeatedly contacted the respondent, but no remedy so far. The non-payment of the amount is a deficiency in service and unfair trade practice on the part of the respondent.
 
          5. There is no counter evidence.
 
          6. In the result, the complaint is allowed and the respondent is directed to return Rs.50,000/- (Rupees fifty thousand only) with interest at the rate of 12% per annum from 2.8.2007 onwards to the complainant within two months from the date of receipt of copy of this order.
 
 
          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 20th day of August 2010.

[HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member