O R D E R

Smt. K.P. Padmasree (Member – I )

                 Complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                 2. Complainant’s case in brief is as follows.  1^st opposite party is the Regional Manager, 2^nd opposite party is the Branch Manager and 3^rd opposite party is the Agent of the Infinity Realcon Ltd.  3^rd opposite party canvassed the complainant for joining in a scheme of the 1^st opposite party namely advance booking for electronics/electrical products/tour package.  Opposite parties made him to believe that he has to remit 12 installments of         Rs.25,000/- per month then he would get Rs.3,45,000/- after one year.  Thereafter the complainant remitted 2 installments and when he received the policy certificate he noticed that the term of the said scheme is for 5 years.

                 3. Complainant contacted the 2^nd opposite parties office,  then they made him to believe that he has to remit only 12 installments and then he would get Rs.3,45,000/-.  As per the instruction, complainant remitted 12 installments and after that he approached the 2^nd opposite party’s office for getting the amount.  Complainant filed an application before the 2^nd opposite party for getting the amount along with scheme certificate and passbook.  Then 2^nd opposite party informed that after two weeks the payment would be given to the complainant.

                 4. But thereafter there is no response from the opposite parties and complainant approached the 1^st opposite party’s office and on 06-02-2014 1^st opposite party issued a cheque for Rs.2,13,406/-.   Complainant enquired about the balance payment to the opposite parties but they told that he is entitled to this payment only as the balance amount was paid to the agents of the opposite parties as their commission.

                 5. Complainant contacted the opposite parties several time for getting the balance amount but opposite parties are not ready to pay the balance amount.  The above said act of the opposite parties is a clear deficiency in service, which caused financial loss and mental agony to the complainant.   Hence this complaint for getting the balance amount of Rs.1,31,594/- with interest along with compensation of Rs.25,000/-.

                 6. In this case opposite parties are exparte.

                 7. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?

                  8. The evidence of this case consists of the proof affidavit and Ext.A1 to A5.  After closure of evidence complainant was heard.

         9. The point:-  Complainant’s allegation is that he had taken an ‘advance booking for electronics /electrical products/ tour package’ of the opposite parties.  At the time of taking the scheme opposite parties made him to believe that he had to remit Rs.25,000/- per month for one year then he will get the benefit of Rs.3,45,000/-.  But when the complainant received the scheme certificate he realized that the term of the scheme is 5 years.

                 10. So the complainant contacted the opposite parties but they instructed him to remit only 12 installments for getting Rs.3,45,000/-.  After remitting 12 installments complainant contacted the opposite parties for getting the scheme benefit.  Opposite parties issued a cheque for Rs.2,13,406/- Then complainant contacted the opposite parties several times for getting the balance amount of Rs.1,31,594/-.  But opposite parties are not ready to pay the balance amount stating that the balance amount was given to the agents as commission which is a deficiency in service and opposite parties are liable to the complainant for the same.  Therefore, the complainant prays for allowing the complaint.

                 11. In order to prove the case of the complainant, complainant filed proof affidavit along with 5 documents.  On the basis of the proof affidavit, documents were marked as Exts.A1 to A5.  Ext.A1 is the copy of the letter of allotment issued by the opposite parties to the complainant.  Ext.A2 is the copy of the installment deposit book issued by the opposite parties to the complainant.  Ext.A3 is the photo copy of cheque for Rs.2,13,406/-issued by the opposite parties to the complainant.  Ext.A4 to A4 (b) are the acknowledgement cards of Ext.A5.  Ext.A5 is the copy of legal notice issued by the complainant’s counsel to the opposite parties dated 06.05.2014.

                 12. On the basis of the available materials on record it is seen that complainant had joined the scheme of the opposite parties and he had remitted 12 installments without default.  As per the deposit book it is seen that he had remitted Rs.3 lakhs to the opposite parties.  On going through Ext.A3 document it is seen that opposite parties had issued a cheque of Rs.2,13,406/- which is lower than the amount remitted by the complainant.  Since opposite parties are exparte, we find no reason to disbelieve the complainants allegation against the opposite parties.  Therefore, the complainant’s case stands proved as unchallenged.  So we find that the retention of the balance amount is an illegal act and they are bound to return the balance amount to the complainant.  The above said act of the opposite parties is a clear deficiency in service.  There fore this complaint is allowable.

                 13. In the result, this complaint is allowed thereby the opposite parties are directed to return the balance amount of Rs.1,31,594/- (Rupees One Lakh Thirty one Thousand five hundred and ninety four only) with 8% interest from the date of filing of this complaint along with cost of Rs.1,000/- (Rupees One Thousand only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount ordered herein above with 10% from today till the realization of the whole amount.   Since interest is allowed no orders for compensation.                                                             

        Declared in the Open Forum on this the 28^th day of November, 2014.

                                                           (Sd/-)                                                     

                                                                                K.P.Padmasree,

                                                                                    (Member-I)

Sri.Jacob Stephen (President)          :    (Sd/-)

Smt. Sheela Jacob (Member – II)      :    (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  K.S.Sivaprasad

Exhibits marked on the side of the complainant:

A1 :  Copy of the letter of allotment issued by the opposite       

        parties to  the complainant. 

A2 :  Photocopy of the installment deposit book issued by the  

        opposite parties to the complainant. 

A3 :  Photo copy of cheque for Rs.2,13,406/-issued by the     

        opposite parties to the complainant.                            

A4 to A4 (b) :   Acknowledgement cards of Ext.A5. 

A5 :   Copy of legal notice dated 6.5.2014 issued by the  

        complainant’s counsel to the opposite parties dated  

        06.05.2014. 

Witness examined on the side of the opposite parties:  Nil

Exhibits marked on the side of the opposite parties:  Nil

                                                                                     (By Order)

Copy to:- (1) K.S.Sivaprasad, Prasanth Bhavan, Azhiyidathuchira,

                       Kavumbhagom, Thiruvalla.

1.  V.V.Dominic, Regional Manager, Infinity Realcon Ltd,

              Sala, Arcade, Convent Road, Cochin.

1. Branch Manager, Infinity Realcon Ltd,

             Mazhuvangadu Junction, Thiruvalla.

1. Mary Alex, Arager Code, CHN/ARG/99994/10,

             Infinity Realcon Ltd, Mazhuvangadu Junction,

             Thiruvalla.

        (5) The Stock File.