PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of December 2011
Filed on : 19/08/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
C.C. No. 457/2011
Between
1. Sugandhi Athikot, : Complainant
House No. 38/99, (parties-in-person)
Madaparamba,
Mundoth Vayal,
Chungam, West Hill P.O.,
Calicut-673 005.
2. Sherina Athikot,
House No. 38/99,
Madaparamba,
Mundoth Vayal, Chungam,
West Hill P.O.,
Calicut-673 005.
3. Sherith Athikot,
House No. 38/99,
Madaparamba,
Mundoth Vayal Chungam,
West Hill P.O.,
Calicut-673 005.
And
P.V. Chacko, Chairman, : Opposite party
LIS (Regd) Reg. No. 1741/2002, (absent)
Palackal Court, M.G. Road,
Ernakulam, Cochin-682 035.
O R D E R
A Rajesh, President.
The undisputed facts of the complainants case are as follows:
Lured by the advertisements of the opposite party through news paper daily and visual media in 2005 the complainants had deposited a sum of Rs. 3,70,000/-, Rs1,90,625/- and Rs. 3,95,000/- respectively with the opposite party. As per the scheme of the project the opposite party assured that they would avail lottery tickets for half the deposited amount and double the deposited amount would be refunded to the complainants from the prize money and agency commission of the lottery tickets. But the opposite party failed to comply with the offer made by them at the time of deposit. The complainants are entitled to get the deposited amount with interest @ 15% p.a. and the prize money of the lottery tickets purchased by the opposite party through the deposited money together with compensation and costs of the proceedings. This complaint hence.
2. In spite of service of notice from this Forum the opposite party opted not to contest the matter which amounts to acceptance of the averments of the complainants. No oral evidence was adduced by the complainants. Exts. A1 to A18 were marked on their side. Heard the 3rd complainant who represented the other complainants as well.
3. The points that came up for consideration are
i. Whether the complainants are entitled to get the deposited
amount refunded from the opposite party?
ii. Whether the complainants are entitled to get lottery prize
money from the opposite party?
iii. Compensation and costs of the proceedings?
4. Point No. i. Evidently the complainants deposited the following amounts with the opposite party.
Amounts Deposited by the 1st complainant.
Serial No. | Date | Exhibits | Amount in Rs. |
1 | 06-06-2005 | A1 | 62,500 |
2 | 11-06-2005 | A2 | 62,500 |
3 | 13-06-2005 | A3 | 62,500 |
4 | 15-06-2005 | A4 | 70,000 |
5 | 25-08-2005 | A5 | 18,750 |
6 | 19-10-2005 | A6 | 48,750 |
7 | 05-11-2005 | A7 | 45,000 |
Total Rs.3,70,000
Amounts Deposited by the 2nd complainant.
Serial No. | Date | Exhibits | Amount in Rs. |
1 | 26-10-2005 | A8 | 95,500 |
2 | 26-10-2005 | A9 | 49,375 |
3 | 26-10-2005 | A10 | 49,750 |
Total Rs. 1,90,625
Amounts deposited by the 3rd complainant
Serial No. | Date | Exhibits | Amount in Rs. |
1 | 06-06-2005 | A11 | 62,500 |
2 | 06-06-2005 | A12 | 25,000 |
3 | 11-06-2005 | A13 | 62,500 |
4 | 13-06-2005 | A14 | 62,500 |
5 | 15-06-2005 | A15 | 70,000 |
6 | 25-08-2005 | A16 | 18,750 |
7 | 19-10-2005 | A17 | 48,750 |
8 | 05-11-2005 | A18 | 45,000 |
Total Rs.3,95,000
5. It is pertinent to note that the opposite party has not specified the date of maturity of the deposits as per Exbts A1 to A18. Since they have not mentioned the date of deposit they are liable to pay the deposited amounts with interest to the complainants.
6. Points ii & iii. The primary grievance having been met squarely and other grievances being met substantially before this Forum we are not necessarily to award compensation or costs.
7. In the result, we partly allow the complaint and direct as follows:
i. The opposite party shall refund the amounts as per Ext. A1 to A7 to the 1st complainant with 12% interest p.a. from the date of each deposit till realization.
ii. The opposite party shall refund the amounts as per Exbts. A8 to A10 to the 2nd complainant with 12% interest p.a. from the date of each deposit till realization.
iii. The opposite party shall refund the amounts as per Exbts. A11 to A18 to the 3rd complainant with interest @ 12% p.a. from the date of each deposit till realization.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of December 2011
