By G. Yadunadhan, President:

            The case of  the  complainant  is  that complainant had deposited an amount of

Rs.1,00,000/- with the opposite party on agreeing that opposite party will credit Rs.2000/- every month for a term of one year.  After a lapse of one year complainant approached the opposite parties and demanded to return the amount along with Rs.24,000/- as profit.  After repeated demands opposite parties refused to return the amount.  Therefore complainant is seeking relief against opposite parties to return the entire amount along with 18% interest.

            Opposite party 1 and 2 entered in appearance and filed version.  According to them complainant is not a consumer within the meaning of section 2 (1) (b) of Consumer Protection Act and also denying all the allegations made by the complainant.  Opposite parties further submit that complainant is not entitled to get any relief prayed for in the complaint.  Hence complaint is liable to be dismissed.

            Points for consideration: (1)  Whether the complainant is a consumer?  (2) Whether the complainant is entitled to get any relief?  If so, what is the relief?

            Complainant was examined as PW1 and Exts. A1 and A2 were marked on the side of the complainant. 

            Opposite parties entered in appearance and filed version.  Opposite parties have no oral or documentary evidence.

            While perusing the Ext. A1 document, it is clear that the transaction was genuine.  As per Ext. A1, opposite parties are liable to pay Rs.1,24,000/- to the complainant.  To that effect no contra evidence adduced by the opposite parties for denying the transaction or the amount to be returned to the complainant.  Ext. A1 also stands unchallenged by the opposite parties. 

Under these circumstances complainant is entitled to get an amount of Rs.1,24,000/- along with 9% interest from the date of deposit till realization and also to pay a cost of Rs.500/-  from the opposite parties.  Comply the order within 30 days on receipt of the copy of this order.

            Pronounced in open Court this the 30^th day of April 2009.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the Complainant:

A1            Agreement executed by the 2^nd opposite party.

A2            Application form to join pen business customer group.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1            Saseendran. S/o. Pokkan, Minnu Nivas – Complainant.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.