By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Party for the non refund of the deposited amount in the project run by the Opposite Parties.
2. The complaint in brief is as follows:- The Complainant deposited Rs.20,000/- in the scheme run by the Opposite Parties and subsequently deposited Rs.40,000/- at the time of deposited of the amount it was the offer of the Opposite Party that the amount deposited would be doubled within a period of 2 years and wide advertisement was given by the Opposite Party of the offers in visual and other medias.
3. The Complainant demanded return of the deposited amount. The Opposite Parties were not ready to act upon the promise they made. Towards the end the Opposite Party issued a cheque bearing No.133473 dated 30.9.2011 drawn from South Indian Bank Ltd., Banergy Road, Ernakulam for Rs. 60,000/-. The Complainant presented the cheque for collection in North Malabar Gramine Bank, Makkiyad Branch but the cheque was returned with memo funds insufficient. The Complainant issued a lawyer notice even after the acceptance of lawyer notice, the Opposite Party was not ready to pay the Complainant to the cheque amount along with the cost and compensation. There may be an order directing the Opposite Party to pay Rs.1,00,000/- along with cost and compensation.
4. The Opposite Parties were set exparte.
The Opposite Party issued a cheque to the Complainant and the cheque presented was not honoured because of the insufficient fund. The preliminary issue of the maintainability of the dispute is also heard. The Opposite Party issued the cheque to the Complainant drawn from South Indian Bank, Banergy Road, Ernakulam dated 30.9.2011 cheque bearing No.133473. The cheque was presented and dishonoured due to insufficient fund. The facts of the dispute in issue is absolutely related to the dishonoured cheque presented. It is seen that the subject in issue cannot be prosecuted within the ambit of Consumer Protection Act, hence dismissed. The Complainant has to file the complaint in the appropriate Court.
Pronounced in open Forum on this the day of 11th May 2012.
Date of filing:04.02.2012 .
