Kerala

Wayanad

CC/229/2011

Johnson M.D. - Complainant(s)

Versus

The Branch Manager, DLS Jyothis Project. - Opp.Party(s)

29 Feb 2012

ORDER

 
Complaint Case No. CC/229/2011
 
1. Johnson M.D.
Villattu House,Payyampally Post. 670646.
Wayanad.
Kerala.
...........Complainant(s)
Versus
1. The Branch Manager, DLS Jyothis Project.
P.K. Tower, near new bus stand,Kalpetta.
Wayanad.
Kerala.
2. P.V. Chacko.
Managing Partner,Jyothis Project,Reg no.1741/02, Palakkal court, MG road, Ernakulam.
Ernakulam.
Kerala.
3. Joy John.
Managing Partner,Jyothis Project,#39/76D1, 3rd floor, Bharathi Building,Mahakavi G road,Ernakulam. 682011.
Ernakulam.
Kerala.
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. K GHEEVARGHESE PRESIDENT
  SAJI MATHEW Member
 HONORABLE MR. P Raveendran Member
 
PRESENT:
 
ORDER

 

By Smt. Saji Mathew, Member:

The gist of the complaint is as follows:- The Complainant has deposited Rs.48,000/- with the Opposite parties on 28.06.2010 a receipt No. D 16987. At the time of deposit, the Opposite Parties assured to double the deposit within 2 years with other benefit. But on completion of 2 years, the Opposite Parties failed to pay the deposited amount with the assured benefits. So there is deficiency in service on the side of the Opposite Parties. Therefore, the complainant prays for an order directing the Opposite Parties to pay the doubled amount of deposit or the deposit with 18% interest and compensation of Rs.5,000/- and other costs.


 

2. The Opposite Parties have not appeared before the Forum and hence the case was decided exparte.


 

3. The Complainant filed proof affidavit and document was marked as Ext.A1.


 

4. The matters to be decided are:-

          1. Whether there is any deficiency in service on the side of the Opposite Parties?

          2. Whether the Complainant is entitled for any relief?


 

5. Point No.1:- Ext.A1 shows that the Complainant has deposited Rs.48,000/- with the Opposite Parties. There is no evidence that the amount was repaid. Hence the case of the Complainant is taken as true and points No.1 is found against the Opposite Parties.


 

6. Point No.2:- There is no written or recorded assurance from the Opposite Parties to double the deposit. However, the Complainant is entitled for the return of the deposited amount with reasonable interest and compensation.

 

Hence, the complaint is partly allowed and the Opposite Parties are directed to pay an amount of Rs.48,000/- (Rupees Forty Eight thousand only) to the Complainant with an interest at rate of 9% per annum from the date of deposit till payment. The Opposite Parties are also directed to pay a compensation of Rs.5,000/- (Rupees Five thousand only) to the Complainant. This order is to be complied within 30 days of the receipt of this order.


 


 

Pronounced in open Forum on this the day of 29th February 2012.


 

Date of filing: 17.12.2011.


 

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.


 

A P P E N X I X


 

Witness for the Complainant:


 

Nil.


 

Witness for the Opposite Parties:


 

Nil.


 

Exhibit for the Complainant:


 

A1. Receipt.

Exhibit for the Opposite Parties:


 

Nil.

 
 
[HONORABLE MR. K GHEEVARGHESE]
PRESIDENT
 
[ SAJI MATHEW]
Member
 
[HONORABLE MR. P Raveendran]
Member

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