CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
CC No 85/11
Friday the 30th day of December, 2011
Petitioner : P.C.Jacobkutty
Pannakunnel,
Amayannoor,
Kottayam.
(Adv.K.Kuruvilla John)
Vs.
Opposite party : Manager,
Jyothis Project,
Near Baselius College,
Goodshepered Road,
Kottayam.
2) Managing Partner,
Jyothis Project
40/8942 C, M.G.Road,
Ernakulam-35
ORDER
Sri. Santhosh Kesavanath P. President
Case of the petitioner, filed on 21/03/11, is as follows:-
Petitioner deposited an amount of Rs. 6,000/- to the opposite party. The date of maturity of the said amount is 9/4/09. Petitioner on 19/6/07 deposited another amount of Rs. 40,000/-. The date of maturity of the said amount is 12/5/09. As per the terms and conditions of the deposits opposite party agreed to give double the amount deposited after the date of maturity. Petitioner in person and through letter demand refund of amount. approached the opposite party for getting the deposited amount in person and by sending a letter but the opposite party so far not refunded the amount. Hence the petition.
Notices to the opposite party were served. Opposite party has not entered appearance or filed any version. So opposite party was set expartee.
Points for determinations are:
i) Whether there is any deficiency in service on the part of opposite parties?
ii) Reliefs and costs?
Evidence in this case consists of proof affidavit filed by the petitioner and Ext.A1 to A5 documents on the side of the petitioner.
Point No.1
Crux of the case of the petitioner is that opposite party has not given assured matured amount or else deposited amount on the date of maturity. Petitioner produced copy of beneficiary certificate dtd 17/5/07 for Rs.6000/-, said document is marked as Ext.A2. Copy of beneficiary certificate dtd 19/6/07 for Rs.40,000/- produced is marked as Ext.A3. From Ext.A2 and A3 it can be seen that petitioner deposited an amount of Rs. 6000/- to the opposite party on 17/5/07 and an amount of Rs. 40,000/- on 19/6/07. According to the petitioner after repeated requests opposite party has not so far refunded the assured amount or else the deposited amount. In the lack of contra evidence we are constrained to rely on the sworn proof affidavit filed by the petitioner. In our view act of the opposite party in not refunding the assured amounts amount to deficiency in service. So point no.1 is found accordingly.
Point No.2
In view of the findings in point No.1 petition is allowed.
In the result opposite parties are ordered to pay the petitioner an amount of Rs.6000/- with 12% interest from 17/5/07. Opposite parties are ordered to pay an amount of Rs.40,000/- with 12% interest from 19/6/07 till realization. Opposite parties are ordered to pay Rs.5000/- as litigation cost. Since interest is allowed no separate compensation is ordered.
Order shall be complied with within one month of the receipt of a copy of this order.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 30th day of December, 2011.
Sri. Santhosh Kesavanath P. President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of the petitioner.
Ext.A1-Copy of application document.
Ext.A2-Copy of beneficiary certificate dtd 17/5/07
Ext.A3-Copy of beneficiary certificate dtd 19/6/07
Ext.A4-Copy of notice dtd 6/4/09
Ext.A5-Copy of notice dtd 6/4/09
By Order,
Senior Superintendent.
