By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Party for the non refund of the deposited amount.
2. The complaint in brief is as follows:- The Complainant was lured by the wide advertisement of the Opposite Parties and deposited Rs.40,000/- in the scheme run by the Opposite Party on 22.10.2005. The receipt was issued to the Complainant at the time of his inception to the scheme. The offer of the Opposite Party was that the amount deposited would be doubled within a period of 2 years and the advertisement to that extent was also there. On reaching maturity of the deposited amount the Complainant approached the Opposite Party for the refund of the amount. The Opposite Party instead of paying back the deposited amount to the Complainant with profits paid the cheque drawn from South Indian Bank Ltd., Banerji Road, Ernakulam dated 30.10.2011 of Rs.41,550/-. The Complainant presented the cheque for collection and the cheque presented was dishonoured and with a memo insufficient fund it was given back to the Complainant. The Opposite Party had not pay the amount of the cheque.
3. There may be an order directing the Opposite Party to pay Rs.1,25,000/- along with compensation of Rs.15,000/-.
4. The Opposite Parties have also declared exparte.
The dispute in issue is on the dishonouring of the cheque presented by the Complainant. From the complainant itself it is seen that the cheque bearing No.17105 dated 30.10.2011 was given to the Complainant of Rs.41,550/-. The cheque presented for collection was dishonoured. The dispute in issue is on the dishonoured cheque presented for collection and this dispute is absolutely not within the ambit of provisions of the Consumer Protection Act. The complaint is at liberty to file the complaint in the appropriate Court, hence the complaint is dismissed.
Pronounced in open Forum on this the day of 11th May 2012.
Date of filing:06.02.2012 .
