<br /> O R D E R<br /> SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> The complainants filed this complaint before the Forum, alleging deficiency of service on the part of the opposite parties. The allegations of the complainants is as follows:- The complainants had entrusted with the opposite party Rs.50,000/-, Rs.16,000/- and Rs.50,000/- on various dates on the “Onam Nikshepa Fund” deposit scheme conducted by the first opposite party. On 5.6.2004 the opposite parties issued a receipt for the consolidated amount of all the said three deposits and agreed to return it with interest on 30.9.2004 . On 30.9.2004 the opposite parties requested time for repayment of the deposited amount, and later on 12.4.2005 opposite parties paid Rs.50,000/- to the complainants and requested time for the repayment of the balance amount. After that the opposite parties have agreed to repay the balance amount on 28.9.2007. But they have not turned up on 28.9.2007. Aggrieved by the inordinate delay in repayment of the balance amount with interest by the opposite parties; the complainants have filed this complaint for the relief.<br /> 2. Notices were issued to the parties. 1st opposite party has accepted the notice; but not appeared before the Forum. Notices of 2nd and 3rd opposite parties were returned with endorsement of the postal authorities as “unclaimed”. Considering their absence; the opposite parties set exparte. <br /> 3. Complainants have filed proof affidavit and produce one document and marked as Ext.A1. <br /> 4. Considering the contentions of the complainants this Forum has raised the issue whether there is deficiency of service on the part of the opposite parties?<br /> 5. Complainants have produced the Ext.A1 document. This is an original letter dt. 5.6.2004 in the letter pad of the SNDP Sakha Yogam No.18; Thekkemuri, Nedumudy P.O.; of the opposite parties addressed to the complainants stating the receipt of the amount of Rs.1,16,000/- and agreed to repay the same, on or before 30.9.2004. In the proof affidavit the complainants stated that out of the said total amount, the opposite parties repaid a sum of Rs.50,000/- on 12.4.2005. Heard the matter in detail. Considering all the facts and circumstances of the above case and upon perusing the records produced by the complainants, we are of the view that there is deficiency of service on the part of the opposite parties, in repayment of the amounts collected from the complainants. <br /> In the result, we direct the opposite parties to repay the balance amount of Rs.66,000/- (Rupees sixty six thousand only) with 30% interest with effect from 30.9.2004 till date of realization, and a cost of Rs.5,000/- (Rupees five thousand only) to the complainants. We further direct the opposite parties to pay the above said amounts to the complainants within one month from the date of receipt of this order.<br /> Pronounced in open Forum on this the 29th day of March, 2008.<br /> Sd/- SRI. K.ANIRUDHAN:<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/- SMT. N. SHAJITHA BEEVI :<br /> APPENDIX:-<br /> Evidence of the complainant:-<br /> Ext.A1 - Receipt dated 5.6.2004<br /> <br />