CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 28^th day of September, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 01/08/2012

CC /146/2012

C.G.Hari,

S/o.C.Gopalakrishnan,

Chilampath House, Parassery P.O, - Complainant

Palakkad-678 631, Kerala

(BY ADV.S.G.Raghudas)

Vs

1 The Managing Partner,

Sarvaiswarya Service,

C/O.LIS Deepasthambham Project,

# 39/76 D1, 3^rd Floor, Bharathi Building,

Mahakavi G.Road, Ernakulam,

Cochin-682 011 - Opposite parties

2. Sarvaiswarya Service,

C/O.LIS Deepasthambham Project,

# 39/76 D1, 3^rd Floor, Bharathi Building,

Mahakavi G.Road, Ernakulam,

Cochin-682 011

(Rep.by 1^st opposite party)

O R D E R

BY SMT. BHANUMATHI. A.K, MEMBER

The case of the complaint in brief:

On the basis of offers made through the advertisements in media by the opposite parties and believing the assurance given by the Palakkad branch office of the opposite parites, the complainant has deposited an amount of Rs.36,000/- in the opposite party project vide receipt No,G.5449 dated 19/12/2007. The opposite parties made the complainant believe that the project run as per Government norms and the amount deposited in the project of opposite parties will be paid in double after the maturity period that is four years.

So the complainant accepted their offer and deposited his hard earn money in this project. Subsequently the complainant came to know that the opposite parties have not obtained any sanction on recognition from the Government. When the complainant approached the Palakkad Branch of the opposite party they have assured the complainant that they will fulfill their project as they promised earlier. They also promised that they will ready to repay the amount in double on attaining the maturity of deposited amount. The said amount is liable to be paid after the expiry of four years. Despite of several demands made by the complaint, the opposite parties have not chosen to return the amount as agreed. So the complainant caused to issue a lawyer notice to the opposite parties on 25/05/2012. Though the notice was served, the opposite parties have neither repaid the amount nor made any reply to the notice. The above act of opposite parties caused mental agony to the complainant.

So the complainant seeking an order directing the opposite parties to pay an amount of Rs.72,000/- with interest at 12% and Rs.5,000/- as compensation for mental agony and cost of the proceedings.

Though the notice was served, the opposite parties did not appear before the Forum and set exparte.

Complainant filed proof affidavit and Ext. A1 and A2 series were marked.

Heard the complainant.

Issues to be considered are

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

2. If so, what is the relief and cost?

Issues No. I&2

The allegation of the complainant is that the amount of Rs.36,000/- deposited with the opposite party on the assurance that the amount will be returned in double within 4 years. It was not returned. Ext.A1 documents shows that the complainant has deposited an amount of Rs.36,000/- with the opposite parties. We are of the view that the opposite parties are deficient in their service.

In the result complaint allowed. Opposite parties are jointly and severally directed to refund the deposited amount in double ie. Rs.72,000/- (Rupees Seventy two thousand only) with 12% interest from the date of maturity period till the date of order along with cost of Rs.1000/- (Rupees One thousand only) to the complainant.

Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.

Pronounced in the open court on this the 28^th day of September, 2012.

Smt. Seena. H

President

Smt. Preetha.G.Nair

Member

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext.A1– Registration Certificate No.5449 dt.19/12/2007 (Photocopy).

Ext.A2 series- Acknowledgement cards signed by the opposite parties dt.06/06/12

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost allowed

Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.