Kerala

StateCommission

A/11/256

Joy John - Complainant(s)

Versus

Annakutty Joseph - Opp.Party(s)

O.V.Maniprasad

16 Apr 2011

ORDER

 
First Appeal No. A/11/256
(Arisen out of Order Dated 31/01/2011 in Case No. CC/10/192 of District Wayanad)
 
1. Joy John
40/8942 C,2nd Floor,CRH Complex,M.G.Road,Ernakulam
Ernakulam
Kerala
2. P.V Chacko,Chairman,LIS,
Palackal Court,M.G.Road,Ernakulam
Ernakulam
Kerala
3. P.J Francis Manager,LIS
Branch Office,Near Municipal Bus Stand,Kalpetta
Wayanad
Kerala
...........Appellant(s)
Versus
1. Annakutty Joseph
Aikkarakanayil House,Eripood,Padichira,Pulpally
Kerala
...........Respondent(s)
 
BEFORE: 
 HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
 
PRESENT:
 
ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

 APPEAL NO.256/11

JUDGMENT DATED 16.4.2011

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

 

1.      Joy John,

40/8942 C., 2nd Floor,

CRH Complex, M.G.Road,

Ernakulam 682035.

2.      Shri.P.V.Chacko, Chairman                      --  APPELLANTS

          LIS (Regd), Palackal Court

          M.G.Road, Ernakulam.

3.      P.J.Francis, Manager LIS,

          Branch Office, Near Municipal Bus stand,

          Kalpetta.

           (By Adv.Bimal)

                   Vs.

 

Annakkutty Joseph,

Aikkarakanayil House,

Eripood,Padichira P.O,                                                --  RESPONDENT

Pulpally.

                                                                                       

JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

 

          The appellants are the opposite parties in CC.192/10 in the file of CDRF, Wayanad.  The appellants are under orders to pay a sum of Rs.4 lakh with interest at 12% from the date of deposit and also Rs.5,000/- towards costs and compensation.

          2. It is the case of the complainant that he deposited Rs.4 lakh in the scheme of the opposite parties who had assured to repay the same in double within  2 years and also that    lottary tickets and magazines would be purchased and the prices obtained if any will also be deposited in the account.  On maturity, when he applied the opposite parties did not repay the amount.    The  opposite parties have admitted the deposit.  It is the case that they have spent Rs.64,000/- for purchase of lottary tickets and magazines and the scheme could not be operated on account of judicial interferences.

          3. Evidence adduced consisted of the testimony of PW1and Ext.A1 series 10 in numbers.

          4. It is pertinent to note that the opposite parties have not adduced any evidence.  The deposit as well as the offer made to pay the amount in double on completing 2 years is not denied.  The complainant cannot be faulted for the alleged judicial interferences etc. 

          5. We find that there is no patent illegality in the order of the Forum.   There is no scope for admitting the appeal.

          6. In the result, the appeal is dismissed in-limine.

          Office will forward the copy of this order to the Forum.

 

                             JUSTICE  K.R.UDAYABHANU      --  PRESIDENT

 

 

 
 
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]
PRESIDENT

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