By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Party for the non refund of the amount deposited in the scheme named Deepasthambham.

2. The complaint in brief is as follows:- The Complainant deposited Rs.25,000/- totally in 40 units each units worth Rs.625/- on 29.06.2005. When the Complainant was entered in to the Project the offer of the Opposite Party was that the amount deposited in the scheme would be doubled within a period of 2 years and beyond that as an additional benefit the subscriber of the scheme would also get additional commission.

3. On completion of two years the Complainant redeposited the same amount for an another terms of two years on reaching maturity of the scheme on 29.06.2009, 17.8.2010 and 14.10.2011, the Complainant approached the Opposite Party for the refund of the amount deposited with all other benefits. The Opposite Party was not ready to refund the deposited amount instead the Opposite Party opted lame excuses and tried not refund the deposited amount with offered benefits. The non refund of the deposited amount of the assured profits is nothing but deficiency in service. There may be an order directing the Opposite Party to refund the Complainant Rs.25,000/- with total benefits of each for a period of two years along with other benefits. In case of any failure on the part of the Opposite Party to provide this complainant with Rs.25,000/- with added profits. The Opposite Parties may be directed to give this Complainant Rs.25,000/- with interest at the rate of 18% along with cost and compensation.

4. Opposite Parties are set exparte.

5. The points that are to be decided are:

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

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant. Exts.A1 and A2 the documents marked.

7. The Complainant's case is against the non refund of the deposited amount. Ext.A2 is the receipt given to the Complainant in the scheme named LIS Deepasthambham acknowledging Rs.25,000/- purchasing of 40 units. The Complainant has not produced documents to substantiate the contention that there was an offer from the side of the Opposite Party that the amount deposited would be doubled within a period of 2 years. In the absence of any adverse inferences from the Opposite Parties it is to be relied that the Opposite Parties have not refunded the deposited amount of the Complainant. The non refund of the deposited amount by the Opposite Party is a deficiency in service.

In the result, the complaint is partly allowed. The Opposite Parties are directed to refund Rs.25,000/- (Rupees Twenty Five thousand only) with an interest at the rate of 12% from the date of joining the scheme till the payment of entire amount. The Complainant is also entitled for an amount of Rs.3,000/- (Rupees Three 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 27^th April 2012.

Date of filing:15.02.2012.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Receipt No.148785. dt: 29.06.2005.

A2. Receipt No.46358

Exhibit for the Opposite Parties:

Nil.