By Smt. Saji Mathew, Member:-

The gist of the case is as follows:- The Complainant deposited Rs.6,000/- in the Jyothis Project of the Opposite Party. She made the investment believing the advertisement of the Opposite Parties that the investment in their project would double by the period of 2 years. It was also promised that using the investor's money the Opposite Party would buy lottery tickets and the prize money and commission would be given to the investor.

2. The deposit was matured on 06.05.2009. But the Opposite Parties did not give the deposited amount and other benefits to the Complainant. Hence the Complainant prays for an order directing the Opposite Party to pay the deposited amount with all other benefits or the deposited amount with 18% interest. She also prays for a compensation of Rs.1,000/- and cost of Rs.500/-.

3. The Opposite Parties filed version and stated that there was no promise or advertisement on their part regarding doubling the entrusted amount. The Complainant has not 'deposited' the amount. The Opposite Party did not promise any interest on the amount. The amount was just entrusted with the Opposite Party for buying lottery tickets and issuing magazines to the Complainant as a member of the scheme. The Opposite Parties are ready to repay the amount to the Complainant after deducting the cost of lottery ticket purchased and magazines issued.

4. No oral evidence was adduced on the side of both parties. Ext.A1 was marked for Complainant. No document was marked on the side of the Opposite Parties.

5. The matters to be considered are:-

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

2. Whether the Complainant is entitled for any relief.?

6. Point No.1:- It is evident from Ext.A1 that the Complainant had entrusted Rs.6,000/- with the Jyothis Project. Though the Opposite Party state in their version that they have purchased lottery tickets worth Rs.1,080/- for the Complainant there is no document or evidence to show this. Ext.A1 shows that the amount Rs.6,000/- was with Opposite Parties from 07.05.2007 onwards. The expiry date is on 30.3.2009. This amount is not paid back even after filing this complaint. Hence there is clear deficiency in service on the side of the Opposite Parties

7. Point No.2:- There is no document or evidence to show any assurance of doubling the deposit. But the Complainant is entitled for the refund of the amount with reasonable interest.

Hence, The Opposite Parties are directed to refund Rs.6,000/- (Rupees Six thousand only) to the Complainant with an interest at the rate of 12% from the date of receipt of the amount till payment. The Complainant is also entitled for Rs.500/- (Rupees Five hundred only) as cost and compensation from the Opposite Parties. The order is to be complied within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 31^st January 2011.

Date of filing:01.10.2010.

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.

Exhibits for the Complainant:

A1. Copy of Receipt No.24860.

Exhibits for the Opposite Parties:

Nil.