Kerala

Wayanad

CC/3/2012

Ramachandran. K.V. - Complainant(s)

Versus

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

17 Mar 2012

ORDER

 
Complaint Case No. CC/3/2012
 
1. Ramachandran. K.V.
Kalkodu House,Beenachi via,Pazhupathur Post,Sulthan Bathery.
Wayanad.
Kerala.
...........Complainant(s)
Versus
1. The Branch Manager, Jyothis Project.
Trident Arcade,Pinangode road,Kalpetta.
Wayanad.
Kerala.
2. K. Joy John.
Managing Partner,Devadhan Lottery Service,DLS Jyothis Project, 40/8942C 2nd floor,CRH complex MG road, Ernakulam.
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 have deposited an amount of Rs.5,000/- in the Jyothis Project of Opposite Parties on 06.06.2007 as per receipt No.50940. He deposited the money believing the assurance given by the Opposite Parties that the deposit would double within two years. But on maturity of the deposit, as the Complainant approached for getting the doubled deposit, he was asked for further time for return of deposit. Then the Opposite Parties evaded payment saying one or other excuses. Hence the Complainant prays for an order directing the Opposite Parties to pay Rs.26,800/- with 18% interest.


 

2. Opposite Parties filed version and admitted that they have accepted Rs.5,000/- from the Complainant. It was not in the form of deposit. The amount was accepted for rendering service by purchasing lottery and issuing college magazines. The Opposite Parties are ready to return the money taken from the Complainant after deducting the cost of lottery tickets and college magazines issued to the Complainant. The Complainant is not entitled for any interest on the amount. There is no contract between the Complainant and Opposite Parties to pay any interest on the amount. So the Opposite Parties pray for an order dismissing the complaint.


 

3. The Complainant was examined as PW1 and documents were marked as Exts.A1 to A3. The Opposite Parties adduced no oral evidence. No documents were marked on the side of the Opposite Parties.


 

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. Points No.1: Ext.A1 shows that the Complainant has entrusted Rs.5,000/- with the Opposite Parties. Though the Opposite Parties state that they have accepted the amount for buying lottery tickets and issuing college magazines to the Complainant, they have not produced any documents to show that they have rendered any such service. There is no evidence to show that the amount is returned. So there is clear deficiency in service on the side of the Opposite Parties.


 

6. Point No.2:- There is no document to show that the Opposite Parties have given any assurance to double the deposit within 2 years. How ever the Complainant is entitled to get back the amount he deposited with reasonable interest and compensation.


 

Hence, the complaint is partly allowed and the Opposite Parties are directed to give the complainant an amount of Rs.5,000/- (Rupees Five thousand only) with 9% interest from the date of deposit till payment. The Opposite Parties are also directed to pay a compensation of Rs.1,000/- (Rupees One 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 17th March 2012.


 

Date of filing:13.12.2011.


 


 

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-


 

PRESIDENT, CDRF, WAYANAD.

 


 

A P P E N D I X


 

Witness for the Complainant:


 

PW1. K.V. Ramachandran. Complainant.


 

Witness for the Opposite Parties:


 

Nil.


 

Exhibits for the Complainant:


 

A1. Copy of Receipt No.50940.

A2. Copy of Provisional Acceptance Statement (PAS) dt:06.06.2007.

A3. Copy of Application Document.


 

Exhibit for the Opposite Parties:


 

Nil.

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

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