Palackal Court,

M.G.Road,

Ernakulam 682035.

(Rep. by Adv.V.K.Rajeev)                           Opposite party

O R D E R

Smt.K.P.Preethakumari, Member

          This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party to pay  `1,85,800 to the complainant.

          Complainant’s case is that he had deposited `30,000 to the opposite party’s LIS Deepasthambham project on 24.05.2005 and issued deposit receipt No.26402 dt.24.5.05through the branch office of opposite party at Kannur. The opposite party promised that they will return double the amount after six months and the deposited amount will be used for lottery business. After 6 months on 30.12.2005 the opposite party informed the complainant that the amount is matured and doubled.  Accordingly the complainant approached the opposite party for withdrawing the amount, but opposite party was not ready to release the amount to the complainant. So the complainant visited Ernakulam office for withdrawal. But they informed the complainant that they have purchased property and the amount will be returned at the time of selling the property. But even to day they have not released the amount. So there is deficiency of service on the part of opposite party and the complainant has suffered so much of physical, mental and financial hardship. Hence the complaint.

In pursuance to the notice issued by the Forum opposite party represented but not filed version and subsequently he remains absent.

So the main point to be decided in this case is that whether there is any deficiency on the part of opposite party.

                    The evidence consists of the chief affidavit and Exts.A1 and A2.

          In order to prove the case the complainant has filed chief affidavit in lieu of cross examination and Ext.A1 the receipt and Ext.A2 the brochure etc. were produced. Ext.A1 shows that the complainant had deposited `30,000 on 24.5.05 and as per Ext.A2 brochure; the above said amount will be doubled after 6 months. The complainant contended that on 30.12.05 the opposite party contacted him and informed that the amount was doubled and when he approached opposite party for withdrawn the opposite party informed the complainant that they have purchased landed property and will be returned soon after disposal. But the opposite party has not released the amount even after repeated request. There is no contra evidence before us. More over opposite party has not turned up before the Forum. This itself is deficiency on the part of opposite party. So the opposite party is liable to release the above said amount of `60,000 along with 6% interest from 30.12.2005, the date of maturity with `1,000 as cost of the proceedings to the complainant and the complainant is entitled to receive the said amount and order passed accordingly.

                    In the result, the complaint is allowed directing the opposite party to pay  `60,000 (Rupees Sixty thousand only)to the complainant with 6% interest from  30.12.2005 till payment and  `1,000 (Rupees one thousand only) as  cost of the  proceedings to the complainant within one month from the date of receipt of this order, other wise the complainant can execute the order as per the provisions of consumer protection Act.

                         Sd/-                          Sd/-

President                Member      

APPENDIX

Exhibits for the complainant

A1&A2. Policies (Receipt) issued by opposite party

Exhibits for the opposite party:

Nil

Witness examined for the complainant: Nil

Witness examined for the opposite party: Nil

                                                            /forwarded by order/

                                                            Senior Superintendent

Consumer disputes Redressal Forum, Kannur.