By. Smt. Renimol Mathew, Member:
Brief of the complaint:- The opposite parties have advertised through medias like television, newspaper etc.. that they are launching a new scheme of deposit, in which the deposit amount will be doubled within a few period that is within two years and also providing services of taking lottery tickets for the customers. Believing the advertisements and assurance given by the opposite parties the complainant deposited Rs.2,00,000/- on 27.02.2006 as per Receipt No.337633 in Kalpetta Branch office maintained by opposite parties. At the time of deposit opposite parties have undertaken to return the amounts as double within two years. Later opposite parties company was booked with some cases by police, government interfered in business and by court orders opposite parties business activities freezed. Then the opposite parties started and continued the business in the name and style of Jyothis project. The complainant's amount were matured in the year of 2008.
2. As per the request of the opposite parties complainant transferred the amount to opposite parties newly introduced business Jyothis Project. Believing the offers and assurances complainant's said deposit converted to newly introduced business Jyothis Project.
3. The complainant further states that as per the issued certificates it is noted that the deposited amount shall returnable on expiry of period stipulated. At the time of expiry of period and return of amount the opposite parties offered the double of the deposited amount also. Later there are serious allegation about opposite party company about the violation of rules and laws in making business and clouded stringencies in business due to those booked case and freezing of accounts. The complainant's husband approached in opposite parties office to get back the said amount with accrued benefits of maturity and was in urgent need of money. The opposite parties rejected the complainant's demand and asked the complainant to approach the head office. As directed the complainant being in trouble directly approached opposite parties Ernakulam office and due to the rejection of the complainant's demand, the complainant lodged a complaint against the opposite parties at Central Police Station, Ernakulam and after the intervention of the police opposite parties office ready to return back the deposited amount. As per the terms of settlement opposite parties undertaken that the offered benefits shall be given back later, to which they sought time up to 2011 December. Believing the offers and said companies sinking situations the complainant agreed and received a cheque in the month of December 2009 for the amount deposited only after returning the original Beneficiary Certificates. But the complainant waited for opposite parties request and undertaken period opposite parties office have not acted as offered. Then the complainant compelled to send a Registered Lawyer Notice to the opposite parties on 19.11.2012. Even after the receipt of Notice also opposite parties not paid the amount. Hence filed the complaint to get double of the deposited amount with offered benefits, and accrued interest of the scheme.
4. The opposite parties filed version in short it is as follows:- Opposite parties filed version denying all the allegations. Opposite parties stated that the complaint is barred by limitation. The complainant deposited the amount on 11.05.2007. The opposite parties returned the entrusted amount of Rs.2,00,000/- by cheque No.447987 on 15.10.2009. Again the opposite parties submitted that the complainant is not entitled to claim any interest, there is stipulation in the contract between complainant and opposite party to pay interest on the amount deposited in the project. The complainant has no legal right to claim interest on the amount which was entrusted for the purchase of government lottery tickets and magazines. The reliefs sought for in the complaint are unsustainable and are not liable to be granted.
5. On considering the complaint, version, documents the Forum raised the following points for consideration:-
1. Whether the complaint is maintainable before this Forum?
2. Whether there is any deficiency of service on the part of the opposite party?
3. Relief and Cost.
6. Point No.1 & 2:- The complainant is examined as PW1 and Exts.A1 and A2 series are marked. Ext.A1 is the Copy of Receipt No.337633. Exts.A2 series are the Copy of Lawyer Notice, Postal receipt and Acknowledgment Card. On 23.12.2009 by receiving the deposited amount the complainant had returned the original certificates. Nothing else is produced by the complainant to prove the offers such as double of deposit amount and undertaken given by opposite parties. No document is produced by the complainant to claim interest of the released amount. The transaction between opposite parties and complainant was in the year 2009, but on 19.11.2012 the complainant sent a Registered Lawyer Notice to opposite parties that was after 3 years. Thereafter the complainant filed this complaint before this Forum on 01.03.2013 that is 4 years have passed after the cause of action. U/s 24 A of Consumer Protection Act the time limit for filing a complaint is two years. So the complaint is barred by limitation. Once the matter is settled between the parties in the presence of the police. Mere oral submission regarding the undertaken is not sufficient to substantiate complainant's case. So the complainant is not entitled to get any relief from the opposite parties. Moreover the complaint is barred by limitation. So this complaint is not maintainable before this Forum. Hence dismissed.
In the result the complaint is dismissed. No order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 12th day of March 2014.
Date of Filing:01.03.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Usha. S Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Temporary Receipt No.337633. Dt:27.02.2006.
A2(Series) Lawyer Notice, Postal Receipt and Acknowledgment Card.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
