By Sri. K. Gheevarghese, President:

The Complainant deposited sum of Rs.3,125/- in the scheme run by the Opposite Party and upon demand of the Complainant on reaching maturity the Opposite Parties were not ready to refund the amount.

2. The complaint in brief is as follows:- The Complainant was influenced by vide advertisement given by the Opposite Party of their special scheme multiplying the amount invested in the scheme. The Complainant deposited Rs.3,125/-on 24.10.2005 as per the receipt No.107429 and when the amount deposited became maturity the Complainant demanded the return of the amount. If relied on the assurance given by the Opposite Parties the Complainant is entitled to get Rs.25,000/-. The Opposite Parties were contacted in several occasions by the Complainant for the refund of the deposited amount before 2010 October and even afterwards. Later on 16.10.2011 the Complainant approached the Opposite Party directly and even by telephone that the amount deposited would be refunded. The Complainant deposited the amount on 24.10.2005.

3. There may be an order directing the Opposite Parties to return the Complainant Rs.25,000/- along with interest at the rate of 18%. The Complainant is also entitled to get the compensation of Rs.5,000/- and Rs.2,000/- towards cost.

4. The Opposite Parties are declared exparte.

5. Points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties in the non refund of the deposited amount?

2. Relief and costs.

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant. Ext.A1 is the photocopy of the receipt No.107429 given to the Complainant. The Complainant deposited Rs.3,125/- in the scheme named LIS Deepasthambham. Nothing is brought in evidence to substantiate the contention of the Complainant that the amount deposited in this special scheme would be multiplied. However the non refund of the deposited amount by the Opposite Parties to the Complainant is nothing but deficiency in service. In the absence of any adverse inferences it is to be considered that the Opposite Parties did not refund the amount deposited by the Complainant in this case and the points are found accordingly.

In the result, the complaint is partly allowed. The Opposite Parties are directed to refund Rs.3,125/- (Rupees Three thousand One hundred and Twenty Five only) along with interest at the rate of 12% from the date of deposit of amount in the scheme as on 24.10.2005. The Complainant is also to be given Rs.1,000/- (Rupees One thousand only) towards cost and compensation. 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 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 Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Receipt No.107429.

Exhibit for the Opposite Parties:

Nil.