Kerala

Wayanad

CC/30/2012

Louis B Figaredo, - Complainant(s)

Versus

The Branch Manager, Lis Deepasthambham Project. - Opp.Party(s)

21 Apr 2012

ORDER

 
Complaint Case No. CC/30/2012
 
1. Louis B Figaredo,
6/225(5),Emily Kalpetta North Post.
Wayanad
Kerala.
...........Complainant(s)
Versus
1. The Branch Manager, Lis Deepasthambham Project.
Trident Arcade, Pinanagode road, Kalpetta.
Wayanad.
Kerala.
2. P.B. Chacko,
Managing Partner, LIS Deepasthambham Project, Palakkal court, MG road, Ernakulam. 682035
Ernakulam
Kerala.
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. K GHEEVARGHESE PRESIDENT
 HONORABLE MRS. SAJI MATHEW Member
 HONORABLE MR. P Raveendran Member
 
PRESENT:
 
ORDER

 

By. Smt. Saji Mathew, Member:-

The gist of the complaint is as follows:- The complainant deposited Rs.5,000/- with opposite parties on 28.11.2005 as per receipt No.132070. The complainant deposited the amount on the assurance of the opposite parties that the amount would be doubled within a period of two years. On maturity of the deposit, the complainant demanded for the return of deposit with other benefits assured. But the opposite parties evaded payment stating one or other excuses. The amount was not repaid till this date. This is deficiency in service on the side of the opposite parties. Therefore the complainant prays for an order directing the opposite parties to pay an amount of Rs.25,000/- including the assured benefits and compensation.


 

2. The opposite parties have not appeared before the Forum. Hence the case was decided exparty.


 

3. The wife of the complainant filed authorization letter to give evidence and proof affidavit was filed. Document marked is Exts.A1.


 

4. The matters to be decided are:-

1. Whether there is any deficiency in service on the side of the opposite parties?

2. Relief and Cost.


 

5. Point No.1 :- Ext.A1 shows that the complainant had deposited Rs.5,000/- with the opposite parties. There is no evidence to show that the amount was repaid. Hence the case of the complainant is taken as true and the point No.1 is found against the opposite parties.


 

6. Point No.2 :- There is no written or recorded assurance by the opposite parties that the amount would be doubled within 2 years. However, the complainant is entitled for the return of the deposited amount with reasonable interest and cost.


 


 

Hence the complaint is partly allowed and the opposite parties are directed to pay the complainant an amount of Rs.5,000/- ( Rupees Five Thousand Only) with an interest at the rate of 9% per annum from the date of deposit till payment. The opposite parties are also directed to pay compensation of Rs.1,000/- (Rupees One 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 21st April 2012.

Date of Filing:16.01.2012.

 
 
[HONORABLE MR. K GHEEVARGHESE]
PRESIDENT
 
[HONORABLE MRS. SAJI MATHEW]
Member
 
[HONORABLE MR. P Raveendran]
Member

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