O R D E R

By Smt. Saji Mathew, Member:

The 1^st Complainant had deposited Rs.1,00,000/- with the Opposite Parties on 13.06.2005 as per receipt No.35804. He also deposited Rs.1,875/- in the name of the second Complainant on 10.9.2005 as per receipt No.83,965/-. He made the deposits believing the assurance of Opposite Parties that the deposit would double within a period of two years. On maturity of the deposit, the first Complainant had demanded for the return of deposit along with the assured benefits. But the Opposite Parties are evading payment saying one or other excuses. So there is deficiency in service on the side of the Opposite Parties. So, the Complainants are praying for an order directing the Opposite Parties to pay an amount of Rs.4,07,500/- to the Complainant and to pay a compensation of Rs.15,000/-.

2. The Complainant has filed proof affidavit and documents were marked as Exts.A1 and A2. The Opposite Parties have not appeared before the Forum and hence the case was decided exparty.

3. 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?

4. Point No.1:- Exts.A1 and A2 show that the 1^st Complainant had deposited a total amount Rs.1,01,875/- with the Opposite Parties. There is no evidence to show that the amount was repaid. So, the case of the Complainant is taken as true and point No.1 is found against the Opposite Parties.

5. Point No.2:- There is no evidence to show any written on recorded assurance given by the Opposite Parties to double the deposit within two years. So, the Complainant is not entitled for the amount prayed for. However he is entitled to get the amount he deposited with the Opposite Party with reasonable interest and compensation.

Hence, the complaint is partly allowed and the Opposite Parties are directed to pay the Complainant Rs. 1,01,875/- (Rupees One Lakh One thousand Eight hundred and Seventy Five only) with 9% interest from the date of deposit till payment. The Opposite Parties are also directed to pay a compensation of Rs.10,000/- (Rupees Ten 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 29^th day of February 2012.

Date of filing: 17.12.2011.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-
 

PRESIDENT, CDRF, WAYANAD.

A P P E N X I X

Witness for the Complainants:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainants:

A1. Copy of Receipt No.35804.

A2. Copy of Receipt No.839657.

Exhibit for the Opposite Parties:

Nil.