Smt. Sheela Jacob (Member):

                   The complainant has filed the complaint against the opposite parties for getting a relief from the Forum.

                   2. The grievance of the complainant in brief is as follows:  The complainant is a teacher in St. Theresas BC HSS Chengaroor.  The 1^st and 4^th opposite parties are Directors and 2^nd and 3^rd opposite parties are Executive Directors of the opposite party’s firm.  The opposite parties had various deposit schemes such as chitty fund, loan scheme, F.D.Doubling non-cumulative scheme, Satha Samarthi, Sourakshika etc.  The opposite parties approached the complainant and explained about this scheme and compelled the complainant to join the scheme.  The complainant believed the assurance and joined the scheme of Five year Fixed Deposit doubling scheme.  She deposited Rs.20,000/- on 31/03/2012.  Its maturity date was on 31/03/2017.  The complainant approached the opposite party for getting back the maturity amount of Rs.40,000/-.  But the opposite party did not return the amount so far in spite of the opposite parties assurance to pay the same.  The non-payment of the amount caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same.  The above said act of the opposite parties is a clear deficiency in service.  Hence this complaint for the realization of Rs.40,000/- as per the maturity amount along with compensation of Rs.20,000/- for the mental agony, financial loss etc.

                   3. This Forum entertained the complaint and issued notice to opposite parties for appearance.  All the opposite parties are not appeared hence this Forum set ex parte against the opposite parties on 24/04/2018, 21/11/2017 and 25/10/2017.

                   4. On the basis of the pleadings of the complainant, the Points to be considered are:

(1) Whether the complaint can be allowable?

(2) Regarding relief and cost?

                   5. The evidence of this complaint consists of the proof affidavit of the complainant and Exts.A1 & A2.  After closure of evidence, complainant was heard.

6. Point No. 1 & 2:- For the sake of convenience, we would like to consider Point No.1 and 2 together.  The complainant’s case is that the deposit amount deposited by the complainant with the opposite parties as under the ‘Doubling Scheme’ is not refunded so far.  The opposite parties are liable to pay the said amount of Rs.40,000/- to the complainant.
7. In order to prove the case of the complainant the complainant had filed a proof affidavit in lieu of her chief examination along with 2 documents.  On the basis of the proof affidavit, she was examined as PW1 and the documents produced and marked as Ext. A1 & Ext.A2.  Ext.A1 is the copy of the FIR dated 02/02/2015.  Ext.A2 is the copy of the deposit receipt dated 31/03/2012 issued by the opposite parties. 
8. On the basis of the evidence adduced by the complainant.  It is seen that the complainant had paid Rs.20,000/- to the opposite parties and it is evident from Ext.A2 receipt.  Since the opposite parties are ex parte.  Therefore, we find that the opposite parties are liable to the complainant in this transaction and the non-payment of the amounts due to the complainant by the opposite parties is a clear deficiency in service.  The complainant has stated her complaint that she had undergone several mental agony and financial loss.  Hence this complaint is allowable and Point No.1 & 2 found in favour of the complainant.
9. In the result, this complaint is allowed, thereby the opposite parties are directed to return the maturity amount of Rs.40,000/- (Rupees Forty Thousand only) (as per the Doubling Deposit Scheme as per Ext.A2 deposit receipt) with 12% interest per annum from the date of filing of this complaint along with Rs.10,000/- (Rupees Ten Thousand only) as compensation and cost to the complainant within 30 days of receipt of a copy of this order. If fails the complainant is allowed to realize the whole amount ordered herein above with 12% interest per annum from today till the realization of the whole amount.

Declared in the Open Forum on this the 30^th day of May, 2018.                                                                                                                    

                                                                                                                                                                                   (Sd/-)

                                                                                                                                                             Sheela Jacob,  (Member)

Sri. P. Satheesh Chandran Nair (President):  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Suja George

Exhibits marked on the side of the complainant:

A1 :  FIR Copy dated 02/02/2015. 

A2 :  Deposit receipt dated 31/03/2012. 

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                  (By  Order)  

    Copy to:- 1)  Suja George,

                       W/o. Thomas Mathew,

                       Kollel Jose Villa,

                       Mallappally P.O.,

                       Pathanamthitta.

.

2)

Kulangara House,

                           Thirunakkara. P.O.,

Kottayam – 686 001.

3.  Rajeev. K.N,

                     Kulangara House,

                          Thirunakkara. P.O.,

Kottayam – 686 001.

4.  Sandhya K.V , W/o. Rajeev K.N,

Kunnathuparambu,

Thammanam. P.O., Kochi – 682 032

                               5)George Vazhappally Thomas

                                  Vazhappally House,

Vasantha Nagar,

                                  Elthuruth. P.O., Trissur – 680 611

6)The Stock File