LIS DEEPASTHAMBHAM Vs. MAMMEN KOSHY PARIYARATHU VEEDU

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 01.02.2012 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in Appeal No. 74/2012 LIS Deepasthambham & Anr. Vs. Sri Mammen Koshy by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/Respondent deposited a sum of Rs. 6,95,000/- with OP/petitioner in 24 spans from 27.5.2005 to 19.10.2005 on the assurance that deposited amount will be doubled in few months. Inspite of frequent visits to opposite party's office, 5 years have passed but deposited amount as promised was not given. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complaint was hopelessly barred by limitation. It was further submitted that aforesaid amount was not deposited, but entrusted to the OP for supplying Government lottery tickets and magazines. OP purchased lottery tickets worth Rs.3,89,200/- and issued the magazine due thereat and also paid Rs.77,594/- as lottery prize won by tickets purchased for the complainant. It was further submitted that a criminal case was registered against the OP and his accounts were freezed by Court. It was further alleged that District Forum lacks territorial jurisdiction and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to refund Rs.6,95,000/- with interest @ 9% p.a. and further allowed compensation of Rs.10,000/-. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for the respondent even after service and received written submissions sent by him.