D.O.F:30/01/2023
D.O.O:03/04/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.26/2023
Dated this, the 3rd day of April 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Sadanandan.K,
S/o. Appanna,
Koyyumkottchal House, : Complainant
Mylatty- Post,
Udma- Via,
Kasaragod- 671319
(Adv. T.C. Narayanan)
And
Thampan Nair. M, aged about 55 years,
R/at Parcharadka House,
Kolathur- Village and Post, : Opposite Party
Chengala- Via,
Kasaragod- 671541
ORDER
SRI.KRISHNAN.K: PRESIDENT
Issue is regarding maintainability of the Complaint.
The complaint in short is that Complainant lent money to the tune of Rs.1,00,000/- to the Opposite Party on 05/09/2020. The Opposite Party promised to repay after two years with addition of Rs.4,00,000/- in total Rs.5,00,000/-
2. The Complainant demanded refund but the Opposite Party denied to refund. Hence, the Complainant alleging unfair trade practice, Deficiency in service saught refund of money with compensation.
3. Point for consideration is whether claim for refund of money advanced promising its multiplier and failure to honour is a consumer complaint or the Complainant is a consumer and whether complaint is maintainable or not?
4. The claim is simple money claim to be filed in civil court, claim for recovery of money without any deficiency in service remedy lies in civil court.
5. Further, investing memory to make illegal gain is against law. “No polluted hand shall touch the pure fountains of Justice”. It is not possible to a party to a contract to claim on the basis of a contract which is prohibited by a law.
6. It is trite law that one who knowingly enters in to a contract with improper object cannot enforce, which is on the face of it, patently in violation of statutory provisions cannot be said to be in public interest.
7. Money is knowingly paid for illegal gain of its multiplier on returns. There is not providing any service nor Deficiency in service and hence complaint is not maintainable and for reasons aforesaid it is dismissed.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
