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.25,000/- purchasing 40 units worth Rs.625/- on 29.06.2005 in the project run by the opposite party named Deepasthambham. At the time of the access to the project the opposite party assured that the amount deposited would be doubled within a period of two years. After two years the complainant renewed the deposited amount for further two years. The complainant approached the opposite party for the refund of the amount deposited with added profits. The opposite party stated one or other reason and eventually the amount deposited was not refunded to the complainant. If the assurance of the opposite party was true the complainant would have received multiples of the deposited amount. There may be an Order directing the opposite party to pay the complainant Rs.25,000/- with double profit for the term of deposit. In case if the opposite party is not in a position to refund the deposited amount with added profit, the amount deposited Rs.25,000/- along with interest at the rate of 18% to be refunded along with Rs.5,000/- towards cost and compensation.
3. The opposite parties are declared exparty.
4. The points in consideration are:-
1. Is there any deficiency in service on the part of the 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.A2 is the receipt given to the complainant on deposit of Rs.25,000/- in the Deepasthambham project run by the opposite parties. The complainant purchased 40 units. The complainant has not produced any documents to establish the contention that the amount deposited in the scheme run by the opposite party would be doubled in course of time. Any how in the absence of any adverse inferences it is to be relied that the amount deposited by the complainant in the Deepasthambham project on 29.06.2005 is not refunded to the complainant. The non refund of the amount deposited by the complainant in the scheme run by the opposite parties is a deficiency in service, it is to be compensated with cost.
In the result the complaint is partly allowed. The opposite parties are directed to pay Rs.25,000/- ( Rupees Twenty Five Thousand Only) to the complainant along with interest at the rate of 12% from the date of joining the scheme till the realization of the amount. The complainant is also entitled to get cost and compensation Rs.5,000/- (Rupees Five Thousand Only). The amount is to be paid by the opposite parties jointly and severely within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 20th April 2012.
Date of Filing:15.02.2012.
