By Jayasree Kallat, Member:

            The complainant had joined in the Global Partnership Scheme of opposite party on 30-7-04.  As per the scheme the complainant had deposited Rs.50,000/- with opposite party.  At the time of deposit opposite party had agreed to return the amount along with interest as and when requested by the complainant.  At the completion of the duration of the scheme the complainant was to get an amount of Rs.1,50,000/-.  As per the agreement the opposite party had promised to give gift vouchers for an amount of Rs.4000/- every year.  The complainant did not get the gift voucher after 2005.  When the complainant was in need of money complainant had requested opposite party for the refund of the deposit and gift vouchers opposite party did not respond.  Complainant had requested for money on 14-3-09.  Opposite party had received the notice but did not refund the money.  Opposite party did not respond to the lawyer notice sent by the complainant.  There was negligence and deficiency in service on the part of opposite party.  Opposite party did not give back complainant’s money even though complainant had requested several times to the opposite party. Complainant had financial loss and suffered mental agony due to the negligent and deficient act of opposite party.  Hence complainant has filed the petition before the Forum seeking return of the amount along with compensation.

            Notice to opposite party was served but the opposite party did not appear before the Forum.  Hence opposite party was called absent and set exparte.  The complainant filed affidavit and was examined as PW1 and Exts.A1 to A3 were marked on complainant’s side.  In Ext.A3 it is clearly mentioned that the complainant Abdul Majeed is made a Global Partner by the opposite party.  Ext.A3 shows that  Abdul Majeed, the complainant is liable to get an amount of Rs.1,14,387.90 on 30-6-09.  In the same document Ext.A3 opposite party undertakes to issue gift vouchers worth Rs.20,000/- to the Global Partner or his nominee on 30-6-09.  As per Ext.A3 the complainant is entitled for an amount of Rs.1,34,387/-.  As per the deposition of PW1 the opposite party has not returned any amount to the complainant till now.  From the evidence of the complainant and Exts.A1 to A3 the case of the complainant is proved.

            In the result the petition is allowed and the opposite party is ordered to pay an amount of Rs.1,34,387/- along with compensation of Rs.5000/- and cost of Rs.500/- to the complainant within one month from the date of receipt of copy of the order.

Pronounced in the open court this the 31^st day of October 2009.

                                Sd/-                                       Sd/-                            Sd/-

                        PRESIDENT                           MEMBER                    MEMBER

APPENDIX

Documents exhibited for the complainant

A1.  Photocopy of cash receipt dt. 30-6-04.

A2.  Photocopy of letter dt. 27-7-04.

A3.  Photocopy of agreement dt. 20-7-04.

Documents exhibited for the opposite party.

                        Nil.

Witness examined for the complainant.

PW1.  Abdul Majeed.P. (Complainant)

Witness examined for the opposite party.

            None

                                                                        Sd/- President

                                    // True copy //

                        (Forwarded/By order)

                  SENIOR SUPERINTENDENT.