PRESENT: Sri.K.Gheevarghese, M.A, L.L.B - President<br /> Smt. Saji Mathew, B.A, L.L.B - Member<br /> M.A. Kunhikrishnan, :<br /> Manaladi House, :<br /> Kidanganad Post, : Complainant<br /> S. Bathery taluk, :<br /> Wayanad District. :<br /> <br /> 1. The Manager, :<br /> Punyabhoomi National Daily, :<br /> R.G. Hall, Sree Sastha Building, :<br /> Paavamani Road, Calicut. :<br /> :<br /> 2. The Managing Director, : Opposite parties<br /> Punyabhoomi National Daily, :<br /> Sree Ram Charitable trust, :<br /> Sree Neelakandapuram, :<br /> Chenkottukonam, :<br /> Alinera - Post, Trivandrum, :<br /> <br /> <br /> Complainant by : Sri.T.R. Balakrishnan, Advocate S.Bathery.<br /> <br /> <br /> ORDER<br /> <br /> By Smt. Saji Mathew, Member<br /> <br /> The summery of the case is as follows.<br /> <br /> The Complainant states that one Mr. Ajith Kumar from Opposite party No. 1 came to his residence and instigated him to buy 2 shares of the company belonging to the Opposite<br /> parties, paying Rs. 4,000/-. Mr. Ajith Kumar assured that the Complainant will be getting <br /> profit from the next month on wards and he will be getting a copy of 'Punyabhoomi' daily<br /> (Contd......2)<br /> <br /> -2-<br /> commencing from the next day. The Complainant made enquiry at Opposite party No.1 office and Opposite party No.1 gave the same assurance as Mr. Ajith has given. So the Complainant purchased 2 shares of the Company paying Rs. 4,000/- by cash receipts dated, 26.12.1999, 04.01.2000, 30.01.2000 and 7.2.2000. After one month the Complainant went to the Opposite party No.1's office and asked for profits of the shares. The Opposite party No.1 assured that the profits will be given within 15 days. After 15 days the Opposite party said other excuses. Then the Complainant demanded for the return of the money he paid. On 2.12.2003 Opposite party No.1 sent an application form to the petitioner showing that Opposite party No.1 is ready to adjust the deposited amount towards readership- membership and advised the Complainant to take readership- membership paying an additional amount of Rs. 6000/- and the opposite party has not paid the deposited amount to the Complainant so far.<br /> <br /> The Opposite party No.2 has been served Notice but never appeared before the forum and hence set exparte. The notices sent to Opposite parties No.1 returned, reported left the India. So the Complainant filed an application to delete the Opposite party No.1 from the Complaint. The Complainant gave evidence as PW1 and Ext. A1 to Ext. A9 were marked.<br /> <br /> The receipt Ext.A2 and Ext. A4 shows that an amount of Rs. 2,000/- is received by the Opposite party No.2 as corpus fund. Ext. A1 and Ext. A3 are the receipt issued by Ajith Kumar for Rs. 2000/-. It appears that this amount is sent to Opposite party No.2 and <br /> Opposite party No.2 has given receipt for this. There is no evidence to show that Rs. 4000/- ( Rupees four thousand only) is paid to the Opposite party No.2 the price of shares. <br /> (Contd......3)<br /> <br /> -3-<br /> Therefore the Opposite party No.2 is directed to pay Rs. 2000/- (Rupees Two thousand only) to the complainant with 9% interest from the date of this order till payment. The complainant can execute this order as per law.<br /> Pronounced in open forum on 8th day of January 2008.<br /> PRESIDENT: Sd/-<br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> PRESIDENT, CDRF WAYANAD.<br /> APPENDIX<br /> Witnesses for the Complainant:<br /> PW1 Kunhikrishnan Tea Shop<br /> Witnesses for the Opposite parties:<br /> Nil<br /> Exhibits for the Complainant<br /> A1 Receipt Dt: 26.12.1999.<br /> A2 Receipt Dt: 04.01.2000.<br /> A3 Receipt Dt: 30.01.2000.<br /> A4 Receipt Dt: 07.02.2000.<br /> A5 Readership form<br /> A6 Brochure of Punyabh oomi<br /> A7 Brochure of Punyabhoomi<br /> A8 Lawyer notice<br /> A9 Notice returned<br /> <br /> Exhibits for the Opposite party<br /> <br /> Nil.<br /> <br /> <br /> <br /> PRESIDENT, CDRF WAYANAD.