Kerala

Wayanad

CC/123/2014

Balakrishnan T V, Bharathi Nilayam, Kappamkolly, - Complainant(s)

Versus

The Manager, P J Francis, Lis & Jyothis Branch Office, Near Muncipal Bus Stand, - Opp.Party(s)

26 Nov 2014

ORDER

By. Smt. Renimol Mathew, Member:-

The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to return the deposited amounts with offered benefits, together with compensation and cost of the proceedings.

 

2. Brief of the complaint:- Attracted by the advertisements given by opposite parties through newspapers and television throughout Kerala including Wayanad that they are launching a new scheme of deposit. The deposit amount will be doubled within two years and also providing services of lottery tickets for the customers. On believing this complainants joined in this scheme and 1^st complainant deposited Rs.12,500/- as per Receipt No.37870 dated 16.06.2005 and Rs.75,000/- as per Receipt No.86046 dated 19.09.2005 in LIS Deepasthambham Project. Again Rs.5,000/- as per Beneficiary Certificate No.11789 on 20.03.2009 and Rs.2,000/- as per Beneficiary Certificate No.45234 on 20.04.2009 in DLS Jyothis Project. 2^nd complainant deposited Rs.10,000/- as per Receipt No.33927 dated 09.06.2005 and Rs.6,250/- as per Receipt No.41727 dated 23.06.2005 in LIS Deepasthambham Project. Rs.2,000/- as per Beneficiary Certificate No.24838 on 30.03.2009, Rs.1,000/- as per Certificate No.13283 on 05.02.2010 in DLS Jyothis Project. 3^rd complainant deposited Rs.5,000/- as per Receipt No.132702 on 29.11.2005 in LIS Deepasthambham Project and Rs.1,000/- as per Beneficiary Certificate No.11788 on 20.03.2009 in DLS Jyothis Project. 4^th complainant deposited Rs.1,250/- as per Receipt No.132706 on 29.11.2005 in LIS Deepasthambham Project. 5^th complainant deposited Rs.2,000/- as per Beneficiary Certificate No.45233 on 20.04.2009 in DLS Jyothis Project. Thereafter when the maturity time attained the complainant approached the opposite parties and demanded to return the amount deposited as per the promise. But opposite party requested time to pay the amount, which repeated several occasions and till this date opposite parties have not paid the amount due to the complainant as per the promise. The complainant alleging that the non refund of the deposited amount with all offered benefits in time is deficiency in service on the part of the opposite parties. Hence filed this complaint.

 

 

3. The opposite parties filed version in short it is as follows:- The opposite parties stated that the time limit for filing this complaint is already over and the complaint is not maintainable and barred by limitation. As per complaint the cause of action is in the year 2005, 8 years have passed after the cause of action so they stated that this complaint is barred by limitation, so they prays for the dismissal of the complaint.

 

4. At the time of deposit opposite parties promised that the amount will be doubled within 2 years. After that the double amount will be returned with lottery prize and benefits. Thereafter opposite parties several occasions extended the time for repayment. On several occasions the complainant contacted the opposite parties directly and over phone to get back the deposited amount, all these occasions they have extended the time for payments. The cause of action is continuing even now also. Hence the I.A No.270/2014 filed by complainant to condone the delay is allowed and the delay is condoned.

 

5. On considering the complaint, version and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service on the part of the opposite parties?

2. Relief and Cost.

 

6. Point No.1:- In addition to complaint, complainant filed chief affidavit and examined as PW1 and produced documents were marked as Ext.A1 series to A8 series. Ext.A1(1) is the Receipt No.37870 dated 16.06.2005 for Rs.12,500/-. Ext.A1(2) is the Receipt No.86046 dated 19.09.2005 for Rs.75,000/- in LIS Deepasthambham Project. Ext.A1(3) is the Beneficiary Certificate No.11789 dated 20.03.2009 for Rs.5,000/-. Ext.A1(4) is the Beneficiary Certificate No.45234 dated 20.04.2009 for Rs.2,000/- in DLS Jyothis Project. Ext.A2(1) is the Receipt No.33927 dated 09.06.2005 for Rs.10,000/-, Ext.A2(2) is the Receipt No.41727 dated 23.06.2005 for Rs.6,250/- in LIS Deepasthambham Project. Ext.A2(3) is the Beneficiary Certificate No.24338 dated 07.05.2007 for Rs.2,000/-, Ext.A2(4) is the Certificate No.13283 dated 05.02.2010 for Rs.1,000/- in DLS Jyothis Project. Ext.A3(1) is the Receipt No.132702 dated 29.11.2005 for Rs.5,000/-, Ext.A3(2) is the Beneficiary Certificate No.11788 dated 20.03.2009 for Rs.1,000/-. Ext.A4(1) is the Receipt No.132706 dated 29.11.2005 for Rs.1,250/-. Ext.A5(1) is the Beneficiary Certificate No.45233 dated 28.05.2007 for Rs.2,000/-. Ext.A6 is the letter. Ext.A7 is the letter dated 20.03.2007. Ext.A8(1) and A8(2) are the train tickets. On several occasions the complainant contacted the opposite parties directly and over phone to get back the deposited amount, all these occasions opposite parties have extended the time for payments. The cause of action is continuing even now also. On considering all these aspects Forum finds that there is deficiency of service from the part of opposite parties. So the complainant is entitled to get the deposited amount with reasonable cost, compensation and interest. The Point No.1 is found accordingly.

7. Point No.2:- The Point No.1 is found in favor of the complainant. Hence the complainant is entitled to get the deposited amount with reasonable interest, cost and compensation. The point No.2 is decided accordingly.

 

 

In the result the complaint is partly allowed and the opposite parties are directed to pay Rs.1,23,000/- (Rupees One Lakh Twenty Three Thousand Only) with 10% interest to the complainant. The opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand only) as compensation and Rs.5,000/- (Rupees Five Thousand only) as cost of the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 26^th day of November 2014.

Date of Filing:10.06.2014.

 

PRESIDENT :Sd/-
MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

 

Witness for the complainant:

 

PW1. Balakrishnan. T. V. Complainant.

 

 

Witness for the Opposite Parties:

 

Nil.

 

 

Exhibits for the complainant:

 

A1(1)). Receipt No.37870. Dt:16.06.2005.

 

A1(2). Receipt No.86046. Dt:12.07.2005.

 

A1(3). Beneficiary Certificate No.11789. Dt:27.04.2007.

 

A1(4). Beneficiary Certificate No.45234. Dt:28.05.2007.

 

A2(1). Receipt No.33927. Dt:09.06.2005.

 

A2(2). Receipt No.41727. Dt:23.06.2005.

 

A2(3). Beneficiary Certificate No.24838. Dt:07.05.2007.

 

A2(4). Receipt No.13283. Dt:05.02.2010.

 

A3(1). Receipt No.132702. Dt:29.11.2005.

 

A3(2). Beneficiary Certificate No.11788 Dt:27.04.2007.

 

A4(1). Receipt No.132706. Dt:29.11.2005.

 

A5(1). Beneficiary Certificate No.45233. Dt:28.05.2007.

 

A6. Letter.

 

A7. Letter. Dt:20.03.2007.

 

A8(1). Train Ticket.

 

A8(2). Train Ticket.

 

Exhibits for the opposite Parties.

 

Nil.

 

Sd/-

PRESIDENT, CDRF, WAYANAD.