KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 699/12

JUDGMENT DATED : 29/09/12

PRESENT:

SMT. A. RADHA                              :  MEMBER

Fr. Siju, S/o. Joseph Manuel,

Puthenpurayil House,
Nadavayal P.O.,                               :  APPELLANT

Sulthan Bathery Taluk,

Wayanad District.

(By Adv. K. Gopakumar)

Vs

1.      LIS Deepasthambham Project,

          and DLS Jyothis Project,

          Represented by its Branch Manager,

          P.K. Tower, Near New Bus Stand,

          Main Road, Kalpetta.

2.      P.V. Chacko                           :  RESPONDENTS

          Managing Partner, Trustee,

          LIS Deepasthambham Project,

          Palakkal Court, Near Shenoy’s,

          M.G. Road,Ernakulam.

JUDGMENT

SMT. A. RADHA   :  MEMBER

            This is an appeal filed against the order of CDRF, Wayanad in CC No.47/2012.

2.      When this appeal came up for hearing on the question of admission the counsel submitted that this is a case of non-refund of deposited amount in a project run by the opposite parties. The complainant deposited an amount of Rs.25,000/- in the scheme run by the opposite parties on assurance of giving double the amount on maturity. The opposite party issued a cheque for Rs.25,010/- only drawn on South Indian Bank Ltd. Banerji Road, Ernakulam. The aforesaid cheque was dishonoured . Hence filed the complaint for an amount of Rs.1,00,000/- as compensation and Rs.10,000/- as cost before the CDRF, Wayanad. The complaint was dismissed by the Forum below on the ground that the dishonour of cheque will not come under the purview of Consumer Protection Act and the complainant was allowed to file the complaint before the appropriate court.

3.      This Commission find that the Forum below rightly observed the issue in question and there is no ground to admit the appeal and hence the appeal is dismissed with liberty to file the complaint before the appropriate court.

A. RADHA                    :  MEMBER

Da