Kerala

Wayanad

CC/42/2012

Nirmala. K.N. - Complainant(s)

Versus

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

30 Mar 2012

ORDER

 
Complaint Case No. CC/42/2012
 
1. Nirmala. K.N.
Nirmala Bhavan,Vellamkolly,Chundale Post,
Wayanad.
Kerala.
...........Complainant(s)
Versus
1. The Branch Manager, DLS Jyothis Project.
P.K. Tower, Near new bus stand, Kalpetta.
Wayanad.
Kerala.
2. Joy John,
Managing Partner,DLS Jyothis Project,Palakkal court, Near shenoys, MG road,
Ernakulam.
Kerala.
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. K GHEEVARGHESE PRESIDENT
  SAJI MATHEW Member
 HONORABLE MR. P Raveendran Member
 
PRESENT:
 
ORDER

 

By Sri. K. Gheevarghese, President:


 

The complaint filed against the Opposite Party for the non refund of the deposited amount.


 

2. The complaint in brief is as follows:- The Complainant is a depositor lured by vide advertisement of the Opposite Party that the amount deposited in the scheme run by the Opposite Party would be multiplied. The Complainant deposited Rs.5,000/- on 10.05.2007 and receipt was issued to the complainant. According to the Opposite Party the amount deposited would doubled within two years. On reaching maturity of the amount in different occasions afterwards the Complainant approached the Opposite Party for the refund of the deposited amount. The Opposite Party had not refunded the deposited amount not so far. If relied on the assurance of the Opposite Parties, the Complainant would have received Rs.20,000/-.


 

3. There may be an order directing the Opposite Party to refund Rs.2,000/- along with cost and compensation of Rs.1,500/-.


 

      1. The Opposite Parties are declared exparte.

         

5. The points in consideration are:-

        1. Whether the Opposite Parties have done any deficiency in service in the

          transaction with the Complainant.
        1. Relief and Cost.


 

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant. Ext.A1 is the photocopy of the receipts numbered 24945 the date of joining of the Complainant in the scheme was on 10.05.2007 paying Rs.5,000/-.


 

7. According to the Complainant on reaching maturity of the scheme that was on 02.04.2009 and different occasions afterwards contacted the Opposite Party for the deposited amount with added profits. Apart from the photocopy of the receipts the Complainant has not produced any documents to substantiate the contention of complainant that the amount deposited would be doubled. Any how in the absence of any adverse inferences it is to be considered that the Opposite Party had not refunded the amount deposited by the Complainant and it is absolutely a deficiency in service which requires cost and compensation.


 

In the result, the complaint is partly allowed. The Opposite Parties are directed to refund the Complainant Rs.5,000/- (Rupees Five thousand only) along with cost and compensation of Rs.2,000/- (Rupees Two thousand only). The Complainant is also entitled to get an interest at the rate of 12% from the date of deposit till realisation of the amount. This is to be complied by the Opposite Party within one month from the date of receipt of this order.


 

Pronounced in open Forum on this the day of 30th March 2012.

Date of filing:30.01.2012.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-


 

/True Copy/ Sd/-

PRESIDENT, CDRF, WAYANAD.


 


 

A P P E N D I X


 

Witness for the Complainant:


 

Nil.


 

Witness for the Opposite Parties:


 

Nil.


 


 

Exhibit for the Complainant:


 

A1. Copy of Receipt No.24945.

 

Exhibit for the Opposite Parties:


 

Nil.


 


 

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

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