By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Party not refunding the deposited amount in the name scheme named as Deepasthambham Project.

2. The complaint in brief is as follows:- The Complainant is trapped under vide advertisement of the Opposite Party that the scheme launched by them would get the double of the amount deposited. The Complainant deposited Rs.15,000/- in the scheme and receipt No.223372 was given to the Complainant towards the deposited sum. The period for doubling the amount deposited required only 2 years according to the Opposite Party. On reaching maturity of the deposited amount, the Complainant approached the Opposite Party whereas the Opposite Party was not ready to give back the deposited amount with profit instead informed the Complainant one or other reason and extended the time. The assurance of the Opposite Party if relied on, the Complainant would have received Rs.60,000/-. The non refund of the deposited amount by the Opposite Party is a deficiency in service. Towards the end the Complainant approached the Opposite Party on 22.08.2011 directly and in several occasions afterwards over telephone but the Opposite Party was not ready to refund the deposited amount.

3. There may be an order directing the Opposite Party to refund Rs.60,000/- to the Complainant. Towards the compensation Rs.10,000/- and Rs.20,000/- for cost.

4. The Opposite Parties are set exparte.

    

5. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

6. Point No.1 and 2:- The Complainant evidenced personally. Apart from that proof affidavit of the Complainant and Ext.A1 attested photo copy of the receipt given to the Complainant are considered.

7. The dispute in issue is the non refund of the deposited amount in the scheme run by the Opposite Party to the Complainant. Ext.A1 is the photo copy of the receipt No. 223372 verified with original. The date of joining the scheme by the Complainant was on 26.04.2006 depositing Rs.15,000/- in LIS Deepasthambham Project. In addition to the receipt produced by the Complainant no other documents are produced to establish the contention that the amount deposited in the scheme would be multiplied to Rs.60,000/-. In the absence of any adverse inferences it is to be relied that the amount deposited by the Complainant in this scheme is not refunded. The non refund of the deposited amount in the scheme run by the Opposite Party is a deficiency in service, hence it is to be compensated with cost to the Complainant.

In the result, the complaint is partly allowed. The Opposite Party is directed to refund Rs.15,000/- (Rupees Fifteen thousand only) with an interest at the rate of 12% from the date of joining the scheme that was on 26.04.2006 till the realisation of the amount. The Complainant is also entitled to get compensation of Rs.2,000/- (Rupees Two thousand only) and cost Rs.1,000/- (Rupees One thousand only). 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 29^th March 2012.

Date of filing: 21.01.2012.

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.223372

Exhibit for the Opposite Parties:

Nil.