By Sri. K. Gheevarghese, President:

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

The sum up of the complaint is as follows:- The Complainant deposited Rs.40,000/- in the name of his children and wife in the project of the Opposite Party. The amount was deposited allured by advertisement that the deposited amount would be increased to several folds within few months by means of lottery commission. On 30.3.2010 the Complainant approached the Opposite Party to know about the growth of the deposited sum whereas it was informed to the Complainant that the amount deposited could not be refunded since the establishment was closed. According to the Complainant the deposited sum could have reached an amount of Rs.12,80,000/- if the promises of the Opposite Parties were fulfilled. The non refunding of the deposited sum with several folds in multiplication is a deficiency in service and can unfair trade practice. The Complainant had to suffer a lot in the act of the Opposite Party. There may be an order directing the Opposite Parties to pay the Complainant Rs.13,30,000/- including cost and compensation.

2. Opposite Parties filed version in brief it is as follows:- The Complainant itself is barred by limitation of time. The allegation of the Complainant that the amount was deposited by the Complainant in the name of his wife and daughter in the project is incorrect. Instead of 'deposit' amount was interested to the Opposite Party and transaction was absolutely based on the connivance of the Complainant. The amount entrusted by the Complainant was used for purchasing of lottery tickets the prizes won in lottery tickets were amassed to the account of the Complainant. There was no assurance from the Opposite Party either to give interest or the multiplication of the deposited sum. The establishment of the Opposite Party was closed followed by judicial proceedings and the purchasing of lottery tickets and magazines were stopped followed by that. The complaint filed is devoid of any jurisdiction limit and it is to be dismissed with cost.

3. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

4. Points No.1 and 2:- The evidence in this case consists of proof affidavit of the Complainant, Exts.A1 to A5 are the documents produced. Apart from the documents produced the oral testimony of the Complainant it is also considered in this case.

5. The case of the Complainant is that the deposited amount in the scheme run by the Opposite Party was not refunded. On the other hand the Opposite Party contented that there was no assurance on their side neither to refund the deposited sum in several fold to the depositor nor any interest to be paid to the deposited sum. Ext.A5 series is the advertisement stating that the amount deposited in the scheme would be grown to cent percent along with that the depositor would be given an additional amount that may come 8%. The amount entrusted with the Opposite Party would be used for the purchase of lottery tickets it is an unconditional offer. In Ext.A5 notice nothing is averred to shake the credibility of the scheme. The assurance was fully given to the depositors that the deposited sum would be refunded within months in cent percent growth in addition to it. The commission out of lottery prizes would be an additional contribution. The contention of the Opposite Party that the non refunding of the deposited sum with lame excuses is nothing other than deficiency in service and the points are found accordingly. The Opposite Parties have no case that Rs.40,000/- were not invested in the project run by them. The Complainant deserves reasonable interest for the amount deposited. In the light of the evidence and documents produced the Complainant is entitled to get refunded the amount deposited with interest at the rate of 12% from the date of deposit till the realization of the amount.

In the result, The complaint is allowed partly. The Opposite Parties are directed to refund Rs.40,000/- (Rupees Forty thousand only) to the Complainant with an interest at the rate of 12% from the date of receival of the amount by the Opposite Party till the date of payment to the Complainant. The Complainant is also entitled Rs.5,000/- (Rupees Five thousand only) towards cost and compensation. This is to be complied by 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: 24.06.2010.

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.55933.

A2. Copy of Receipt No.55952.

A3. Copy of Receipt. No.103371.

A4. Copy of Receipt No.68415.

A5 seires. Copy of Copy of Notice.

Exhibit for the Opposite Parties:

Nil.