By L. Jyothikumar, Member: The petition was filed on 24-6-2010. The complainant was approached by the Marketing Personnel of the opposite party and lured to become a subscriber of the “Group Deposit and Credit Guarantee Scheme” of the opposite party. Complainant has decided to join as a member of Group Deposit and Credit Guarantee Scheme firstly on 21-3-05 and allotted deposit No.27 for Rs.20,000/- to be subscribed @ Rs.500/- per month for 40 months and it is to be closed on 22-7-2008. Complainant has been paying an instalments subscription regularly and the opposite party has thereafter induced to join one more similar scheme on 10-10-2006 and allotted deposit No.12 for Rs.50,000/- to be subscribed @ Rs.2000/- per month for 25 months and to be closed on 10-11-2008. Complainant also made a Fixed Deposit for Rs.23,644/- for 13 months on 5-7-2007 and the opposite party has offered 9.5% interest and is to be due on 5-8-2008. Complainant paid the instament subscription regularly and remitted Rs.18000/- in the deposit No.27 till 26-2-2008 and Rs.34000/- in deposit No.12 till 26-2-2008. The Collection Agent of the opposite party has not turned up for collection thereafter and on enquiry it was learned that the opposite party is sailing in the rough whether due to financial mismanagement. The complainant approached opposite party many times to get the deposit amount after due date. The opposite party has so far failed to pay a total sum of Rs.75,664/- along with applicable interest to the complainant. Opposite party did not consider the request of the complainant. Hence the Complainant is alleging deficiency in service on the part of the opposite party. Notice sent to the opposite party was served. Opposite party did not appear before the Forum. Hence opposite party called absent and set exparte. Complainant was examined as PW1 and Ext.A1 to A3 were marked. From the evidence and exhibits the case of the complainant is proved. Even though complainant had informed the deficiency in service of the opposite party and approached sever times to get back the deposited amount of Rs.75664/-. Opposite party did not take any steps to redress the grievance of the complainant. Hence the Forum is of the opinion that the opposite party was deficient in their service and the complainant is entitled to get Rs.75664/-. In the result the petition is allowed and the opposite party is directed to pay an amount of Rs..75664/- with compensation of Rs.10,000/- and cost of Rs.500/- to the complainant within one month from the date of receipt of copy of the order. Pronounced in the open court this the 30th day of October 2010. Date of filing:24.06.2010 SD/-PRESIDENT SD/-MEMBER SD/-MEMBER APPENDIX Documents exhibited for the complainant: A1. Photocopy of Group deposit and credit guarantee scheme. (Deposit No.27) A2. Photocopy of passbook in deposit No.12. A3. Photocopy of fixed deposit Receipt issued by OP dtd.05.07.07. Documents exhibited for the opposite party: Nil Witness examined for the complainant: PW1.Anilkumar.K.P.(Complainant) Witness examined for the opposite party: None Sd/-President //True copy// (Forwarded/By Order) SENIOR SUPERINTENDENT
| [HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member | |