IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday the 31^st day of May, 2011

Filed on 10.08.2010

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.184/10

Between

Complainant:-                                                 `Opposite Parties:-

            Sri.Mammen Koshy,                             1.         LIS Deepa Sthambham Project,

Pariyarath Veedu,                                             Palackal Court, Near Shenoys,

            Cheriyanadu.P.O.,                                            M.G.Road, Cochin, Rep. by Managing Trustee,

M.K.Road,Chengannur,                                   Kuriyachan Chacko.

Alappuzha, Kerala – 689 511.                          (By Adv.K.T.Anish Mon)

Temporary Address                           2.         The Branch Manager,

                                                                        LIS Deepa Sthambham Project,

Sri.Mammen Koshy,                                         P.K.R. Centre, 2^nd Floor,

Kalathil Veedu,                                     Opp. to K.S.R.T.C Bus Station, Pathanamthitta.

Elanjimel.P.O.,                        

Chengannur, Alappuzha,                                   New Address 

Kerala – 689 511.                               

                                                                        The Branch Manager, Jyothis Project,

                                                                        Geethanjali Building, 1^st Floor,

            Opp. to K.S.R.T.C Bus Station, Pathanamthitta.

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The case of the complainant in a nutshell is as follows: - The complainant amid the date 27^th July 2005 and 19^th October 2005 deposited a total amount of Rs.6,95,000/-(Rupees six lacs ninety five thousand only) with the 2^nd opposite party at the instance and for the 1^st opposite party. The said money was so deposited consequent upon the assurance by the opposite parties that the money would be doubled and the same would be paid back at the most within one year. In May 2006 the complainant approached the opposite parties and the complainant was impressed upon that the opposite parties firm has involved in a case. Resultantly, it would take some more time for the refund of the amount as offered to the complainant. Meanwhile, the opposite parties started a project in the name and style 'Jyothis'. The complainant was informed that the amount deposited would be paid in twofold forthwith. The complainant was caused to walk here and there for the amount. The opposite parties offered to give back the balance amount forthwith to the complainant immediately after the opposite parties' properties being sold. But contrary to their promise, even on repeated requests and reminders, the opposite parties are not prepared to deliver the balance amount to the complainant. Aggrieved by this the opposite parties approached this Forum seeking compensation and other reliefs.

1. On sending notices the opposite parties turned up and filed version. The contentions of the opposite parties are that the complainant never deposited any amount with the opposite parties, but only entrusted the same for purchasing lottery tickets, and issuing collage magazines to the complainant. Thus the opposite parties purchased lottery tickets worth Rs.3,89,200/-(Rupees three lacs eighty nine thousand and two hundred only). The complainant also obtained prize money of Rs.77,594/-(Rupees seventy seven thousand five hundred and ninety four only) from the lottery tickets so taken by the opposite parties.

2. According to the opposite parties, they never allured the complainant to deposit the amount with the opposite parties, and hence there was no occasion for them to give any such fancy offers to the complainant. As matter of fact, the complainant on being drawn by the commendable service rendered by the opposite parties joined the particular scheme run by the opposite parties and entrusted the said amount to them for purchasing lottery tickets for the complaint. Thus the opposite parties complied with the specific rules and conditions contemplated by the scheme.  The opposite parties never started a new scheme namely, ‘Jyothis', and as such the opposite parties have no connection or nexus with the same. However, unfortunately consequent to the registering of a criminal case and police raid in the office of the opposite parties, the opposite parties are constrained to stop all its activities in the middle. However, the opposite parties are very much prepared to give the complainant back the entrusted amount and the prize money if any even though the complainant is disentitled for the same. The opposite parties are not liable to pay any interest or any other amount to the complainant.  The conditions of the said scheme do not provide so. The complaint is barred by limitation. This Forum lacks territorial jurisdiction. The complaint is with out any basis which is liable only to be dismissed with cost, the opposite parties assert.

3. The evidence of the complainant consists of the testimony of the complainant himself as PW1, and the documents Exbts.A1 series were marked.  On the side of the opposite parties no evidence was let in.

4. Keeping in view, the contentions of the parties, the immediate questions arise before us for consideration are:-

(1) Whether the complainant deposited the amount with the opposite parties on the offer by the opposite parties?

(2) If so what was the offer and if the complainant is entitled to the interest or any other benefit from the opposite parties?

5. The complainant’s case is that he deposited a total amount of Rs.6,95,000/-(Rupees six lacs ninety five thousand only) with the opposite parties in 2005. The opposite parties do not seemingly deny or dispute the amount, but contend that the said amount was not deposited. According to them, the same was only entrusted with them for purchasing lottery tickets for and on behalf of the complainant. Thus the opposite parties bought tickets worth Rs.3,89,200/-(Rupees three lacs eighty nine thousand two hundred only) for the complainant who obtained a prize money of Rs.77,594/-(Rupees seventy seven thousand five hundred and ninety four only) from the lottery tickets so taken by the opposite parties. Interestingly, notwithstanding raising contentions as to limitation and jurisdiction of this Forum, the opposite parties are very much prepared to give back the entrusted amount of Rs.6,95,000/-(Rupees six lacs ninety five thousand only) along with prize money if any to the complainant. A plain perusal of the version filed by the opposite party, more particularly para 7, it can be seen that the opposite parties explicitly expressed their willingness and eagerness to give back to the complainant the aforesaid amount, though conspicuously no timeframe was specified. However, it is crucial to notice that the opposite parties have not put up any serious dispute as to the extent of amount if it is either deposited or entrusted. What is more, the opposite parties are very much keen on paying back the said amount. We have also take notice of the Exbt. Al series receipts issued by the opposite parties for the material amount Rs.6,95,000/-(Rupees six lacs ninety five thousand only).  In this context the only questions to be looked into are that whether this Forum has jurisdiction to entertain the said complaint, and if the complaint is badly time barred. In the present case admittedly, the opposite parties have not repaid the amount to the complainant as assured. Obviously, the complainant sustained mental agony and harassment in Chengannoor which is well within the Jurisdiction of this Hon'ble Forum. Indubitably, the opposite parties have been all along tendering false assurances to the complainant as to the refund of the amount the complainant deposited with the opposite parties as is clearly evinced by the materials on record. In this back drop, we are of the view that the opposite parties' contentions as to limitation and jurisdiction do not inspire confidence in the mind of this Forum. In the light of whatever has been discussed herein above, we are of the view that the complainant’s case stands visibly substantiated, and the complainant is entitled to relief.

Resultantly, the opposite parties are directed to pay back the complainant an amount of Rs.6,95,000/-(Rupees six lacs ninety five thousand only) with 9% interest from the date of the payment of the particular amounts as shown in the Exbt. Al series acknowledgement receipts till the recovery of the said amounts. Towards compensation the complainant is entitled to an amount of Rs.10,000/- (Rupees ten thousand only). We are of the considered view that this will serve the purpose. The opposite parties shall comply with the order within 30 days of receipt of this order.

In the result the complaint is allowed accordingly.  No order as to cost.

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

                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

PW1                            -     Mammen Koshy (Witness)

Ext. A1 Series              -     The Deepa Sthambham Project Receipt (24 Nos.)

 Evidence of the opposite parties:-  Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-       

Compared by:-