By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Party for the refund of the amount deposited as averred in the scheme.

2. The complaint in brief is as follows:- The Opposite Party run a scheme named LIS Deepasthambham Project. The advertisement in visual and other medias in respect of the scheme was such that a person who joins the scheme taking unit worth of Rs.625/- would be getting the double of the amount deposited within two years. In addition to that the lottery tickets that were taken in behalf of the subscriber would be getting an additional income through the prizes won in lottery. The Complainant deposited Rs.4,20,000/- in the scheme taking 672 unit. The Complainant demanded the refund of the amount deposited after the maturity period. The Opposite Party was not ready to respond to the complainant’s demand to refund the amount. The non refund of the amount deposited is a deficiency in service. The Complainant is entitled to get the double amount and other benefits. If it is found that the Opposite Party is not in a position to refund the double amount, the Complainant is to be given back Rs.4,20,000/- with interest from the date of remittance till payment at the rate of 18%. There may be a direction to the Opposite Party to give compensation of Rs.30,000/- and cost Rs.5,000/- to the Complainant.

3. The Opposite Parties filed version in short it is as follows:- The complaint itself is time barred. There was no advertisement either in visual or in any other medias that the amount deposited would be refunded in doubling the amount within a period of 2 years. The Complainant’s name is enlisted in the scheme only upon her desire Rs.4,20,000/- was entrusted to the project named Deepasthambham for supplying lottery tickets and magazines. The Opposite Party neither entertained any deposit nor any interest is paid towards the entrusted sum, in short acceptance of money is not in way of deposit. The refund of the sum would be in priority basis that means the first cum first served. There was no maturity period for the scheme. The Opposite Party purchased lottery tickets worth Rs.2,32,200/- and magazines were also sent to the Complainant. The Complainant already received Rs.53,648/- as lottery commission. The smooth running of the scheme became stagnant by the interference of judicial proceedings and criminal cases. The Opposite Party is ready to refund the amount deposited deducting the commissions already credited in to the account of the Complainant. Thereis no privity of contract in between the Complainant and Opposite Party to pay back interest for the sum entrusted in the scheme. The Complaint is unsustainable and it is to be dismissed with cost.

4. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite party not refunding the deposited sum?

2. Relief and cost.

5. Points No.1 and 2:- The complainant filed proof affidavit Ext.A1 is the documents produced. The oral testimony of the complainant is also considered. The Opposite party has not tendered any evidence in this case.

6. It is admitted by the Opposite Party that Rs.4,20,200/- was entrusted in the Deepasthambham Project and the receipt No. 83,572 shows the remittance of the amount. The contention of the Opposite Party is that the amount entrusted with them is not in the way of deposit and there is no liability on their side to give back the amount with interest. The Complainant is examined as PW1. In the personal evidence of the Complainant it is not admitted that she does not know whether any lottery tickets were purchased by the Opposite Party out of the amount deposited. The Complainant has no knowledge of the lottery commission credited in to her account. The Opposite Party does not bring forth any evidence to substantiate their contention that out of the deposited sum the lottery tickets were purchased and commission out of prices won in lottery was sent to the Complainant. Unless the contrary is proved it is to be considered that the Complainant has not refunded either wholly or in part of the amount deposited. The Opposite Party is entitled to refund the deposited sum of the Complainant with interest.

In the result, the complaint is partly allowed. It is directed to refund Rs.4,20,000/- (Rupees Four Lakh Twenty Thousand only) to the Complainant with an interest at the rate of 12% from 09.09.2005 onwards till the date of payment. The Complainant is also entitled for Rs.5,000/- (Rupees Five thousand only) towards cost and compensation. This amount is to be paid by the Opposite parties jointly and severally 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: 09.09.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Annakutty Joseph. Complainant.

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Receipt No.83572.

Exhibits for the Opposite Party:

 Nil.