By Smt. Saji Mathew, Member:

The gist of the case is as follows:- The Complainant subscribed to the LIS Deepasthambam Project, an accumulated income programme, by paying Rs. 10,000/- each in two accounts on 19.04.2006 and 24.04.2006. The project offered 3 times of the deposited amount in a year.

2. The LIS Project was converted into Jyothis Project and the authorities issued certificate for the same. The Complainant is entitled to get an amount of Rs. 4,20,000/- as the accumulated income from the Opposite Parties.

3. The Complainant demanded the amount on 25.4.2009 after the completion of 3 years. But the Opposite Parties are evading the demands made by the Complainant.

4. The Complainant therefore prays for an order directing the Opposite Parties to pay an amount of Rs. 4,20,000/- with 12% interest from 20.4.2010 till realization and a compensation of Rs. 50,000/-.

5. The Opposite Party filed version and denied all the allegations made by the Complainant. The Opposite Party is a partnership firm with separate legal entity and has no connection with LIS Deepasthambam Project. The Opposite Party has no knowledge of the deposit of any amount in the LIS Deepasthambam Project by the Complainant. None of the documents produced by the Complainant would show that he is a member of the Jyothis Project of the Opposite Party. The relief sought by the Complainant is unsustainable. Hence the Complainant prays for an order dismissing the complaint.

6. The Complainant filed proof affidavit. Documents were marked as Exts.A1 to A3. The Opposite Party also filed proof affidavit and no documents were marked on the side of the Opposite Party.

7. The matters to be decided are:-

1. Whether there is any deficiency in service on the side of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

8. Point No.1:- Ext.A1 series and Ext.A2 series shows deposit of Rs.10,000/- each in two accounts with LIS Deepasthambam Project. Ext.A3 is the provisional acceptance statement issued by the Opposite Party. Complainant states that he has never invested in Jyothis, but his investments with LIS Project was converted into Jyothis Project. The Opposite Party do not give any explanation for Ext.A3. The signature seen on Ext.A1 and Ext.A2 series and on Ext.A3 is the same. Hence the contention of the Complainant is acceptable as true. Ext.A3 shows that money was accepted for providing lottery service to the Complainant. But no evidence was adduced by the Opposite Party for any service done by them. The amount also is not returned. Thus point No.1 is found against the Opposite Party.

9. Point No.2:- The documents produced by the Complainant does not show any promise of doubling the deposits yearly. The promise is only to take lottery tickets and disbursing the prize 100% commission is guaranteed. No explanation is given about the subject matter of commission. However, the Complainant is entitled to get back his deposits with interest and for reasonable compensation.

Therefore, the complaint is allowed and the Opposite Party is directed to give the Complainant Rs.20,000/- (Rupees Twenty thousand only) with 12% interest from 4/2006 till payment. The Opposite Party is also directed to pay a compensation of Rs.2,000/- (Rupees Two thousand only) to the Complainant. This order is to be complied within 30 days of the receipt of this order.

Pronounced in open Forum on this the day of 31^st August 2010.

Date of filing: 05.05.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1 series Temporary Receipt and Provisional Membership Certificate -AIP.

A2 series. Temporary Receipt and Provisional Membership Certificate -AIP.

A3. Provisional Acceptance statement (PAS)

Exhibit for the Opposite Parties:

Nil.