KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 324/2011

JUDGMENT DATED: 10-08-2011

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI. S. CHANDRA MOHAN NAIR                 :  MEMBER

1.      Rose Kaniampuram,

Kaniampuram Residency,

Bolghatty – Kochi-682 504.

                                                                   : APPELLANTS

2.      Leah Kaniampuram,

Kaniampuram Residency,

Bolghatty – Kochi-682 504.

          Vs.

M/s Devdhan Lottery service,

C/o Lis (Regd.)

Palackal Court,                                          : RESPONDENT

M.G.Road, Ernakulam.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the complainants in CC.65/2010 in the file of CDRF, Ernakulam.  The appellants are not satisfied with the order of the Forum directing the opposite parties to refund the amount with interest at 9% from the date of receipt of the amount.

2.      It is the case of the complainant that they have deposited the amounts in Jyothis Project run by the opposite party with the assurance that the amount will be returned in double within a period of 100 weeks.

3.      The opposite parties have admitted the receipt of the amount. It is contended that they had supplied lottery tickets and magazines worth Rs.40,400/- to the complainant and further that the scheme could not be operated because of the interference of the police authorities.

4.      Evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A9 and B1 to B7.

5.      The case of the appellants is that the opposite parties should be directed to pay the amount in double. We find that the complainant has joined in a highly speculative scheme and it has also came out that the transactions of the opposite parties stands closed.  We find that what has been ordered to be repaid is quite reasonable.  We find that there is no patent illegality in the order of the Forum and there is no scope for admitting the appeal.  The appeal is dismissed in-limine.

The office will forward a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRA MOHAN NAIR         :  MEMBER

VL.