By. Sri. P. Raveendran, Member:-
Brief of the complaint:- The opposite parties had made extensive advertisements in Television and News papers regarding their deposit schemes. Believing the assurance of the Opposite Party and believing the promises in the advertisements complainant No.1 have deposited amount of Rs.1,250/- and complainant No.2 the wife of the complainant No.1 has deposited an amount of Rs.1,250/- and deposited Rs.1,250/- in the name of 3rd complainant (Minor) daughter of 1st complainant 05.10.2005. The complainant No.1 has deposited an amount of Rs.10,000/- on 18.10.2005. Though the complainant deposited Rs.13,750/- with opposite party. Thereafter when the deposits matured the complainant approached the 1st opposite party and demanded to return the amount as per their promise. At that time opposite party requested time to pay the amount. Thereafter the complainant No.1 had approached the opposite party for several times. At last on 01.07.2010 the complainant No.1 approached opposite party No.1 and enquired about the payments and growth of the deposited amount. At that time he told that the opposite party cannot refund any amount to them. The acts of the opposite party is deficiency of service on the part of the opposite parties. Hence it is prayed to give direction to opposite parties to pay sum of Rs.42,500/- with 18% interest from 06.10.2007 till the date of payment and to pay cost of the complainant.
2. The opposite parties were appeared and filed their version. In the version they stated that the complaint is barred by limitation. As per the allegation the complainant entrusted amount on 05.10.2005 and in 18.10.2005 so it is barred by limitation. The opposite party has not advertised in visual media to return double of the amount paid by the complainant along with lottery price within a period of two years. The complainant has made a wrong assumption of doubling the entrusted amount within two years. The complainant joined the scheme solely because of their appreciation of all the rules and conditions and of the better functioning of this scheme. In the rules of this scheme it is categorically stated that the benefit of purchase commission will be distributed, as and when, to what extend the lottery purchase commission is available and that too strictly according to the seniority of the members joining in the scheme. The opposite party's firm did not accept any deposit from anybody including the complainant. The complainants have entrusted amount to the opposite party firm for availing the service rendered by the opposite party firm by purchasing lottery tickets and issuing college magazines to its members who joined in the scheme. The opposite party was accepting money in advance for purchasing lottery tickets and magazines on behalf of members joining in the scheme. The members of the scheme are entitled to get the benefit as per the scheme. Out of the amount received from the complainants the opposite party firm had purchased lottery tickets and issued magazines due threat. The entire amount was intended to be spent on behalf of the complainant. On 10.05.2006 at the behest of some interested parties police raided the office of the opposite party firm and registered a criminal case and directed to stop the entire business activities. Subsequently, the Honorable Additional Chief Judicial Magistrate Court, Ernakulam in CMP No.4483/2006 has directed to freeze the entire bank accounts of the opposite party firm. Thus the activity of purchasing lottery tickets and magazines were stopped and the opposite party firm could not continue the business thereafter. The complainants were never approached any of the opposite parties and demanded amount. The opposite party is ready to give back the entrusted amount after deducting cost of lottery tickets and magazines supplied to the complainants. The complainant is not entitled to claim any interest. Hence it is prayed to dismiss the complaint with cost.
3. On considering the complaint and version the following points are to be considered:-
1. Whether the Forum has jurisdiction to entertain the complaint?
2. Whether there is any deficiency in service on the part of opposite parties?
3. Relief and Cost.
4. Point No.1 :- On perusing Exts.A1 to A4 it is clear that on 05.10.2005 the complainant has deposited an amount of Rs.3,750/- with opposite party and complainant No.1 deposited an amount of Rs.10,000/- on 18.10.2005. On perusing the above documents we could not see any matured dates noted in Exts.A1 to A4. In the complaint as well as in the affidavit of the complainant No.1 it is clearly stated that the complainant approached on several times before opposite party No.1 at last on 01.07.2010. So the cause of action will start from 01.07.2010 the complaint is filed on 09.12.2011 within the time limit. Hence we come to the conclusion that the Forum has jurisdiction to entertain the complaint.
5. Point No.2 :- On perusing Exts.A1 to A4 it is clear that the complainant has deposited Rs.3,750/- on 05.10.2005 and Rs.10,000/- on 18.10.2005 with opposite party. The opposite parties stated many things in their version but it is not proved before us either through oral or documentary evidence. Hence it is clear that non return of the deposit amount with their assurance is a deficiency of service on the part of the opposite parties. Point No.2 is decided accordingly.
6. Point No.3 :- In the complaint and affidavit the complainants stated that the deposited amount will be doubled within a period of two years. No evidence before us to corroborate the same. Anyhow Exts.A1 to A4 shows that the complainant has deposited Rs.3,750/- and Rs.10,000/- on 05.10.2005, 18.10.2005 respectively. The complainant is entitled to get the deposited amount ie Rs.13,750/- with 12% interest from the date of deposit of the amount till the payment is made. He is also entitled to get Rs.1,000/- as cost.
In the result the complaint is partly allowed. The opposite parties are directed to pay an amount of Rs.13,750/- ( Rupees Thirteen Thousand Seven Hundred and Fifty Only) with 12% interest from the date of deposit till the payment is made. The opposite parties are also directed to pay the amount of Rs.1,000/- ( Rupees One Thousand Only) as cost. This Order is to be complied by the opposite parties within 30 days from the date of receipt of this.
Pronounced in Open Forum on this the day of 29th March 2012.
Date of Filing:09.12.2011.
