By G. Yadunadhan, President:

            The case  of  the  complainant  is  that complainant had deposited an amount of

Rs.1,00,000/- with the opposite party on agreeing that opposite party will return the amount along with the profit of Rs.2000/- per month for a term of one year.  After repeated demands complainant received an amount of Rs.50,000/- on 10.8.2007 and the balance amount on 7.9.2007.  But the opposite party refused to pay the profit of Rs.12,000/- up to 10.8.2007.  Therefore the complainant is seeking relief against the opposite parties 1 and 2 for getting the profit of Rs.12,000/- along with 24% interest.

            Opposite party 1 and 2 entered in appearance and filed version denying all the allegations made by the complainant.    Opposite parties admitted the deposit of Rs.1,00,000/-.  Out of that Rs.50,000/- returned to the complainant on 10.8.2007 and the balance amount of Rs.50,000/- returned on 7.9.2007.  Under these circumstances complaint is liable to be dismissed.

            Points for consideration:  Whether the complainant is entitled to get any relief?  If so, what the relief and cost?

            Complainant was examined as PW1 and Exts. A1 and A2 were marked on the side of the complainant. 

            Opposite parties entered in appearance and filed version.  Opposite parties have no oral or documentary evidence.

            While perusing the Ext. A1 document, it is clear that the transaction was genuine.  As per Ext. A1, opposite parties are liable to pay Rs.1,24,000/- to the complainant.  To that effect no contra evidence was adduced by the opposite parties for denying the transaction or the amount to be returned to the complainant.  Ext. A1 also stands unchallenged by the opposite parties.  Under these circumstances complainant is entitled to get an amount of Rs.12,000/- as profit. 

            Therefore we are of the opinion that opposite parties 1 and 2 are liable to return an amount of Rs.12,000/- to the complainant failing which opposite party shall pay 9% interest from the date of order till realization.  Comply the order within 30 days on receipts of the copy of this order.

            Pronounced in open Court this the 30^th  day of April 2009.

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the Complainant:

A1            Agreement executed by the 2^nd opposite party.

A2            Application form to join pen business customer group.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1     Leena. C.H., D/o. A.K. Raghavan, Minnu Nivas – Complainant.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.