By Sri. K. Gheevarghese, President:-

The complaint filed against the Opposite Party under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainant deposited Rs. 6,000/- in the scheme offered by the Opposite Party. The Opposite Party offered that the amount deposited would be doubled within 100 weeks. On 30.03.2010 the Complainant approached the Opposite Party for the refund of the deposited sum along with profit. The Opposite Party was not ready to refund the deposited sum for which they reasoned that no fund is available with them. The amount deposited by the Complainant at the least would have raised to sum of Rs.18,000/-. The non refunding of the deposited sum to the Complainant resulted heavy pain and sufferings it is to be compensated along with cost. There may be an order directing the Opposite Party to refund Rs.18,000/- along with compensation of Rs.10,000/- with cost to the Complainant.

2. The Opposite Parties filed version in short it is as follows:- The dispute or differences if evented in the deal it is to be settled in arbitration proceedings. The Complainant has not deposited any amount in the scheme run by this Opposite Parties, instead of deposit the Complainant entrusted Rs.6,000/- ( in 2 receipts Rs.1,000/- and Rs.5,000/-) for the purchase of lottery tickets and magazines. The Complainant was sent college magazines and the lottery tickets were purchased that amount to Rs.1,180/-. The admission of the Complainant in this scheme was fully agreeing with the terms and conditions. There was no offer from the Opposite Party that the amount deposited would be doubled within 100 weeks. The benefit of the lottery commission was regularly sent to the subscribers when the party was entitled for it. Any how the reimbursement of the amount as envisaged in the scheme was through lottery commission. The scheme was started on 12.02.2007 in course of smooth running of this project, criminal cases were registered against the concern which also lead to hindrances on the running of the project. The Opposite Party is ready to give back the amount entrusted by the Complainant disregard of that considerable sum already spent by the Opposite Party for the purchase of lottery tickets. There is no legal obligation on the side of the Opposite Party to give back the amount with interest more over the Complainant is barred by limitation. Hence the complaint is to be dismissed with cost to this Opposite Parties.

3. The points in consideration are:

1. Is there any deficiency in service in the non refunding of the deposited sum?

2. Relief and cost.

4. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Ext.A1 to A3. The Opposite Parties have not tendered any oral evidence. The dispute herein is in respect of the non refunding of the amount deposited. The contention of the Opposite Parties are that the amount is not deposited instead the Complainant entrusted the Opposite Party Rs.6,000/- for purchase of lottery tickets and as a subsequent benefit subscribers are sent college magazines. The Opposite Parties have no case that Rs.6,000/- was not entrusted to them for the admission of the scheme. Ext.A1 is the terms, conditions and meritorious aspects of the scheme according to the Opposite Parties. The subscribers are lead by the wide and extensive publicity of the scheme. The concern is having branches through out the country and the more over on perusal of the documents the advertisements are more than sufficient to attract an ordinary man. It is averred in this brochure that the subscribers would be given double the sum deposited within 100 weeks and the refunding of the amount as per the document is based on seniority aspects the non refunding of the amount to the Complainant is nothing short of deficiency in service and the points are found accordingly.

In the result the complaint is partly allowed. The Opposite Parties are directed to refund Rs.6,000/- (Rupees Six thousand only) with an interest at the rate of 12% from the date of deposit of the sum till the date of payment. The Complainant is also entitled for the cost of Rs.2,000/- (Rupees Two thousand only). This is to be complied by the Opposite Parties within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 29^th November 2010.

Date of filing:25.06.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Sankaran Nair. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Copy of Receipt No.30031.

A2. Copy of Receipt No. 47198.

A3. Copy of the Notice of Jyothis Project.

Exhibit for the Opposite Parties:

Nil.