KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 160/2011

JUDGMENT DATED:28-03-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

1.      Kuriachan Chacko, Managing Partner,

M/s LIS Deepasthambham,

LIS (Regd.) Palackal Court,

MG Road, Ernakulam-35.

                                                                   : APPELLANTS

2.      M/s LIS Deepastambham, R/by its

Branch Manager, P J Francis,

PK Towers, Near New Bus Stand,

Main Road, Kalpetta, Wayanad.

(By Adv:Sri.O.V.Maniprasad & V.S.Bimal)

          Vs.

Mathew V, S/o Joseph,

Vattakkattussery, Thariod H S, Vythiri Via,

Kavumannam.P.O, Kappuvayal,              : RESPONDENT

Vythiri Taluk, Wayanad Dist.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.157/10 in the file of CDRF, Kalppetta.  The appellants are under orders to refund Rs.20,000/- deposited by the complainant with interest at 12% from the date of deposit and also cost of Rs.2000/-.

 2.     The case of the complainant is that he has deposited Rs.20,000/- with the opposite party on 15/6/2005 on the offer that the amount will be multiplied within a few months.  On 30/3/2010 when he sought for refund the amount was not returned.  As per the assurance at the time of deposit the amount would have increased to Rs.6,40,000/-.

3.      The opposite parties have disputed the allegation of assurances made.  It is contended that the opposite party had only promised the purchase of lottery ticket and issue college magazines to the members who joined the scheme and Rs.11,200/- have spent for purchasing lottery tickets.

4.      Evidence adduced consisted of the testimony of PW1, Exts.A1 and A2.

5.      The Forum has relied on Ext.A2 brochure wherein it is stated that the amount deposited under the scheme would multiply within few months. 

6.      PW1 has proved Exts.A1 receipt and Ext.A2.   There is no contra evidence.  The Forum has only ordered to return the amount with interest at 12%.  We find that there is no scope for interference in the order of the Forum.  There is no patent illegality.  Hence the appeal is dismissed in-limine.

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

JUSTICE  K.R. UDAYABHANU:  PRESIDENT

VL.