By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite parties for the non refund of the deposited amount.
2. The complaint in brief is as follows: The complainant deposited Rs.5,000/- on 28.06.2005 in the scheme named LIS Deepasthambham run by the opposite parties. The assurance of the opposite parties was that the deposited amount would be doubled within a period of two years. In addition to the double of the deposited amount the depositor would be getting commission out of the lottery price. The complainant approached the opposite parties on reaching maturity of the deposited amount. After two terms the opposite parties were not ready to release the deposited amount along with other benefits offered, instead the opposite parties opted one or other reason not to refund the deposited amount. After reaching maturity of the deposited amount on 09.02.2011 and 16.03.2011 the complainant approached the opposite parties to get refunded the deposited amount, the opposite parties were not ready to give back deposited amount with additional benefits. There may be an Order directing the opposite parties to refund deposited amount Rs.5,000/- along with cost and compensation Rs.50,000/-.
3. The opposite parties are set exparte.
4. The points inconsideration are:-
1. Is there any deficiency in service on the part of opposite parties in the non
refund of the deposited amount?
2. Relief and Cost.
5. Points No.1 and 2:- The evidence in this case consist of the proof affidavit of the complainant. Ext.A1 is the receipt produced by the complainant that he deposited Rs.5,000/- in the scheme run by the opposite parties. The date of joining was on 28.06.2005.
6. The contention of the complainant is that for the refund of the deposited amount he approached the opposite parties several times after reaching maturity of the deposited amount. The opposite parties are not ready to refund the deposited amount along with other benefits.
7. In the absence of any adverse inferences it is to be relied that the opposite parties has not refunded the deposited amount to the complainant. The non refund of the deposited amount to the complainant is a deficiency in service. The claim of the complainant is that there was offer from the opposite party that the amount deposited would be doubled within a period of two years is not supported by any documents or any evidence is given in that respect.
In the result the complaint is partly allowed. The opposite parties are directed to give the complainant Rs.5,000/- (Rupees Five Thousand Only) jointly and severely by opposite parties along with interest at the rate of 12% from the date of joining in the scheme till the realization of the amount. The complainant is also entitled to get Rs.1,000/- (Rupees One Thousand Only) towards the cost and compensation. This is to be complied by the opposite parties within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 30th April 2012.
Date of Filing:17.12.2011.
