By. Sri. P. Raveendran, Member:-
Brief of the Complaint:- The brief of the case is that the opposite parties have advertised through Television and newspapers that they are launching new scheme of deposit, in which the amount will be doubled within a short period of Two years. The complainant also directly enquired the matter with the opposite party No.1, he also assured that what is seen in the advertisement is correct. Believing the promise of opposite parties on 05.05.2007 the complainant had deposited a
sum of Rs.37,000/- and 12,000/- with the opposite party. The amount was received by opposite party 1 and issued the receipt at Kalpetta. Believing the assurance of the opposite parties and seeing the advertisements in the newspapers and television complainant deposited above amount with opposite parties. There after when the amount is matured the complainant approached 1st opposite party and demanded to return the amount as per their terms. But the 1st opposite party requested time for the payment of the amount, but instead of paying amount the opposite party has always extended time by saying one or another excuse, and till the date. The opposite parties have not paid the amount to the complainant. Now 1st opposite party saying that no fund is available with them to pay the amount to the complainant as per terms. The cause of action for the complaint arise on 05.05.2007 when the complainant deposited amount and on 28.03.2009 when the amount became due. And thereafter on June 2009 and thereafter the date on which the complainant demanded for the payment of the amount due to the complainant. Hence it is prayed that the Forum pass an order directing opposite parties No. 1 and 2 to pay sum of Rs.1,96,000/- to the complainant, and directed the opposite parties to pay a sum of Rs.10,000/- as compensation with interest and also to pay cost of the complaint.
2. On 15.07.2011 there is proposal to file vakalath and version by opposite parties and Forum has granted time to file vakalath and version. Even though time is granted to the opposite parties they have not filed their version, so the opposite parties are declared exparte and proceeded with the case. On considering the complaint and the affidavit filed by complainant, the following points are to be considered.
Point No.1:- Whether there is any deficiency of service on the part of opposite parties?.
Point No.2:- Relief and Cost.
3. Point No. 1:- To prove complainant's case she has filed chief affidavit and produced Exts. A1 and A2 documents. In the proof affidavit she is stated as stated in the complaint. Ext. A1 is the copy of Beneficiary Certificate issued by the opposite parties to the complainant for Rs.37,000/-. Ext. A2 is the Beneficiary Certificate for Rs.12,000/- issued by opposite party to the complainant. On perusing the complaint and Exts.A1 and A2 it is clear that the complainant has deposited Rs.49,000/- with the opposite party on 05/05/2007 and it is revealed that above amount will expired on 20.03.2009. Any how it is clear from Exts.A1 and A2 that the complainant is deposited a sum of Rs.49,000/- with the opposite party in the above documents it is clearly stated that it will expire on 28.03.2009, after expiry not returning the amount to the complainant is a deficiency of service on the part of the opposite parties. Point No.1 is decided accordingly.
4. Point No.2:- The complainant is stated in the complaint that the opposite party No.2 has advertised through media like television and newspaper that they are launching a new scheme of deposit in which the amount will be doubled within a short period of Two years. Even though it is stated like this it is not proved before the Forum. Any how it is clear that the complainant has deposited Rs.49,000/- on 05.05.2007 and the above amounts were expired on 28.03.2009, so we find that the complainant is entitled to get the deposited amount of Rs.49,000/- with 12% of interest from the date of deposit till the payment is made. She is also entitled to get Rs.2,000/- as compensation and cost of this litigation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite parties are directed to pay Rs.49,000/- (Rupees Forty Nine Thousand Only) with 12% interest from 05.05.2007 till the payment is made. They are also directed to pay Rs.2,000/- (Rupees Two Thousand Only) as compensation and cost of this litigation. The Order is to be complied with in 30 days of receipt of this Order.
Pronounced in Open Forum on this the day of 30th September 2011.
Date of filing:16.06.2011.
