State Consumer Disputes Redressal Commission
Lis Deepasthambham Project, vs Sri. Mammen Koshy, on 1 February, 2012
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/12/74 (Arisen out of Order Dated 31/05/2011 in Case No. CC/10/184 of District Alappuzha) 1. LIS ...........Appellant(s) Versus 1. MAMMEN KOSHY ...........Respondent(s) BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.74/2012
JUDGMENT DATED: 01.02.2012
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
SHRI.M.K. ABDULLA SONA : MEMBER
1. LIS Deepasthambham Project, Palackal Court, Near Shenoys, M.G.Road, Cochin, Rep. by Managing Trustee, Kuriachan Chacko.
: APPELLANTS
2. The Branch Manager, LIS Deepasthambham Project, Geethanjali Building, 1st floor, Opp. To KSRTC Bus Station, Pathanamthitta from PKR Centre, 2nd floor, Opp. to KSRTC Bus Station, Pathanamthitta.
(By Adv:Sri.O.V.Maniprasad & V.S.Bimal) Vs. Sri. Mammen Koshy, Pariyarathu Veedu, Cheriyanadu.P.O, M.K.Road, Chengannur, Alappuzha, Kerala-689 511. from Kalathil Veedu, : RESPONDENT Elanjimel.P.O, , Chengannur, Alappuzha, Kerala-689 511.
JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties in CC.184/10 in the file of CDRF, Alappuzha. The appellants are under orders to refund the deposited sum of Rs.6,95,000/- with interest at 9% from the date of deposit and Rs.10,000/- as compensation.
2. The allegation is that the amount of Rs.6,95,000/- deposited with opposite party on the assurance that the amount will be returned in double within one year. It was not returned.
3. The opposite parties have contended that a sum of Rs.77,594/- was received as prize money from the lottery ticket purchased and the same was given to the complainant and hence only balance is returned.
4. Evidence adduced consisted of the testimony of PW1 and Ext.A1 series.
5. The contention that Rs.77,594/- received as prize money was given to the complainant and that the same should be deducted from the amount due was rightly rejected by the Forum as the prize money was obtained from the ticket purchased from the deposit amount of the complainant. The Forum has only directed to pay refund the amount with 9% interest and to pay compensation of Rs.10,000/-. There is no patent illegality in the order of the Forum. We find that there is no scope for admitting the appeal. The appeal is dismissed in-limine, Office will forward a copy of this order to the Forum.
JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA: MEMBER VL.
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT