Joy John and Others Vs. Biju Thomas

Joy John and Others vs Biju Thomas

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided Jul 22, 2011

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Citation: sooperkanoon.com/1109261
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge: The Honourable Shri. Justice K.R. Udayabhanu President &Amp; the Honourable Mr. S. Chandra Mohan Nair Member
Decided On: Jul 22, 2011
Case Number: First Appeal No. A/11/413 (Arisen out of Order Dated 28/02/2011 in Case No. CC/10/204 of District Wayanad)
Subject: Consumer

Case Summary

AI-generated summary - not the official court judgment text.

Consumer

Key legal issue: Consumer

Parties & Advocates

Appellant / Petitioner

Joy John and Others

Respondent

Biju Thomas

Excerpt

justice shri. k.r. udayabhanu : president the appellants are the opposite parties in cc.204/10 in the file of cdrf, wayanad. the appellants are under orders to refund rs.2,58,000/- with interest at 12% from 5/5/2007 and also compensation of rs.10,000/-. 2. it is the case of the complainant that he deposited rs.2,58,000/- attracted by the advertisement of the opposite party that the amount will be returned in double within two years and also that the lottery tickets will be purchased every week for a unit of rs.1000/-. as the amount was not returned after expiry of the date of maturity he has sought for the return of the amount with interest at 18% and compensation of rs.20,000/- etc. 3. the opposite party has denied offer of returning amount in double. it is also contended that the lottery tickets amounting to rs.51,600/- was purchased. 4. evidence adduced consisted of ext.a1 series of receipts. the opposite parties have not adduced any evidence. 5. we find that the deposit stands proved from ext.a1 series of receipts. there is no evidence to substantiate the contention that the lottery tickets were purchased for rs.51,600/-. in the circumstances we find that there is no illegality in the order of the forum. there is no scope for admitting the appeal. in the result appeal is dismissed in-limine. office will forward a copy of this order to the forum.

Full Judgment

JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT

The appellants are the opposite parties In CC.204/10 in the file of CDRF, Wayanad. The appellants are under orders to refund Rs.2,58,000/- with interest at 12% from 5/5/2007 and also compensation of Rs.10,000/-.

2. It is the case of the complainant that he deposited Rs.2,58,000/- attracted by the advertisement of the opposite party that the amount will be returned in double within two years and also that the lottery tickets will be purchased every week for a unit of Rs.1000/-. As the amount was not returned after expiry of the date of maturity he has sought for the return of the amount with interest at 18% and compensation of Rs.20,000/- etc.

3. The opposite party has denied offer of returning amount in double. It is also contended that the lottery tickets amounting to Rs.51,600/- was purchased.

4. Evidence adduced consisted of Ext.A1 series of receipts. The opposite parties have not adduced any evidence.

5. We find that the deposit stands proved from Ext.A1 series of receipts. There is no evidence to substantiate the contention that the lottery tickets were purchased for Rs.51,600/-. In the circumstances we find that there is no illegality in the order of the Forum. There is no scope for admitting the appeal.

In the result appeal is dismissed in-limine.

Office will forward a copy of this order to the Forum.

Same Court & Year Kerala State Consumer Disputes Redressal Commission SCDRC Thi... Same Parties Joy John and Others vs Biju Thomas Same Subject Consumer Same Judge The Honourable Shri. Justice K.R. Udayabhanu President &Amp; ...