Kerala

StateCommission

A/11/134

JOY JOHN - Complainant(s)

Versus

K.SURESH - Opp.Party(s)

OV.MANIPRASAD

12 Apr 2011

ORDER

 
First Appeal No. A/11/134
(Arisen out of Order Dated 29/11/2010 in Case No. CC/10/160 of District Wayanad)
 
1. JOY JOHN
MD,JYOTHIS PROJECT,DLS,M.G.ROAD
ERNAKULAM
KERALA
...........Appellant(s)
Versus
1. K.SURESH
KARMBUMMAL HOUSE,PANAMARAM.P.O,MANANTHAVADY
WAYNAD
KERALA
...........Respondent(s)
 
BEFORE: 
 HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
 
PRESENT:
 
ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

APPEAL NO.134/11

JUDGMENT DATED 12.4.2011

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

 

 

1.      Joy John, Managing Partner

M/s.Devdhan Lottery Services,

Jyothis Project, DLS 40/8942 C,

M.G.Road,

Ernakulam – 682011

2.      M/s.Jyothis Project,                                  --  APPELLANTS

          Reptd. by its Branch Manager

          Trident Arcade, Pinangode Road,

          Kalpetta, Wayanad.

            (By Adv.O.V.Maniprasad & Ors.)

 

                             Vs.

 

K.Suresh, Karimbummal House,

Panamaram P.O,

 Mananthavady Taluk,                                         --  RESPONDENT

Wayanad.

                                                JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU.PRESIDENT

 

          The appellants are the opposite parties in CC.160/10 in the file of CDRF, Waynad.  The appellants are under orders to return the deposited amount with interest at 12% and  cost of Rs.3,000/-.

          2. The case of the complainant is that he had deposited an amounts in his name, in the name of his wife, daughter and son in the project of the opposite parties as per assurance that the amounts shall be refunded in double within a short period.  It is his case that nothing has been returned.  He has sought for refund  a sum of Rs.75,000/- with interest at the rate of 18%. 

3. It is the case of the opposite parties that the amounts were received in deposit with undertaking to buy the lottery tickets and magazines.  It is denied that there is an offer to return the amount in double within hundred weeks.

4. The evidence adduced consisted of the testimony of PW1 and  Exts.A1 to A5.

5.  We find that the opposite parties have not tendered any evidence.  The deposits are evidenced by Exts.A1 to A4 respectively.   The assurance is proved vide Ext.A1 copy of the advertisement.  The Forum has only ordered to refund the deposited amount with interest at 12%.    On a perusal of the order  of the Forum, we find that there is no patent illegality.  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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