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 deposited Rs.25,000/- in the scheme run by the Opposite Party. At the time of joining the Opposite Party offered that the amount deposited would be doubled within a period of 2 years and wide advertisement was also given by the Opposite Party on the different benefits of the scheme.
3. On reaching maturity of the deposited amount the Complainant approached the Opposite Party for the refund of the amount. The Opposite Party issued the Complainant a cheque of Rs.25,010/- drawn from South Indian Bank Ltd., Banerji Road, Ernakulam dated 30.10.2011. The cheque was presented for collection and it was dishonoured and lawyer notice was also sent to the Opposite Party intimating the dishonoured cheque. The Opposite Party failed to pay the cheque amount to the Complainant.
4. There may be an order directing the Opposite Party to act upon the promise they made. The Opposite Parties may be directed to pay the Complainant Rs.1,00,000/- along with Rs.10,000/- towards cost and compensation.
5. The Opposite Parties are declared exparte.
6. The preliminary issue of the complaint is heard. The dispute in issue is out of dishonoured cheque. The drawer /Opposite Party has given the cheque of Rs.25,010/- to the Complainant/Drawee for the refund of the deposited amount. The cheque presented for collection was dishonoured and it give rise to this complaint. In the dispute in issue does not given within ambit of Consumer Protection Act for prosecution.
In the result, the complaint is dismissed. The Complainant is at liberty to file the complaint in the appropriate Courts.
Pronounced in open Forum on this the day of 11th May 2012.
Date of filing:06.02.2012 .
