BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 07/12/2010

Date of Order : 31/08/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 645/2010

Between

And

O R D E R

C.K. Lekhamma, Member.

1. The complainant's case is as follows :

The complainant purchased Periyar Lottery ticket bearing No. P.M. 162963, issued by the opposite party. The date of draw of the ticket published by the opposite party was on 31-08-2010. The first prize of the lucky draw was Rs. 20 lakhs. The complainant purchased the said lottery ticket in furtherance of the alluring offer made by the opposite party and he was under the belief that he would get the first prize. But evenafter the laps of 3 months of the published date, the opposite party failed to conduct the lucky draw. The complainant came to know that the opposite party earned Rs. 1,34,09,500/- by selling the said lottery ticket and no order was existing against the draw of Periyar Lottery. The said act of the opposite party not only amounts deficiency in service but also unfair trade practice. Hence this complaint. The complainant is seeking direction against the opposite party to pay Rs. 20 lakhs, being the first prize offered in respect of the disputed lottery ticket to the complainant and also to initiate penal action against the opposite party.

2. Version of the opposite party :

There is no dispute with regard to the prize offered and the date of draw the Periyar lottery. The cancellation of the date of draw of the lottery ticket was due to an order pronounced by the Hon'ble High Court in Writ Petition WP (c) No. 25632/10 in which it is stated that only one draw should be conducted in a week. In accordance with the said order, the Government of Kerala cancelled other ordinary schedule except the draw of win win lottery as per G.O. (MS) No. 223/2010/TD, the same has been published in the newspaper and the opposite party has given an opportunity to the purchasers of ticket and their agents to return the lottery tickets in their possession and collect their money. Hence there is no deficiency of service and unfair trade practice on the part of the opposite party.

3. The complainant appeared in person. The opposite party appeared through the counsel. The complainant examined as PW1 and Exts. A1 to A3 were marked on his side. The opposite party has not adduced any oral evidence. Exts. B1 to B5 were marked on their side. Thereafter, we have heard both sides.

4. The dispute is with regard to non-conducting of the draw of Periyar lottery ticket. The opposite party contended that in accordance of Ext. B1 order of the Hon'ble High court in WP (c) No. 25632/10, the Government of Kerala cancelled the draw as per Ext. B2 G.O.(MS) No. 223/2010/TD. In view of the said Orders, the opposite party issued Ext. B3. In which it is stated that as per the orders in Exts. B1 and B2 the draw of some lotteries including the disputed one is cancelled. Ext. B4 and B5 are the copy of the newspaper cuttings in which it is specifically mentioned that the customers can return the ticket and collect their money. On perusal of those evidences, it is evident that there was no irregularity in canceling the draw of the Periyar lottery and Exts. B4 and B5 would show that an opportunity was given to the customers to approach the concerned office or agents to return their money. Moreover, Ext. A2 information and A3 copy of the paper cutting itself go to show that the complainant was aware of these facts before filing this complaint. In view of the aforementioned reasons, we are of the opinion that there is no merit in this case.

5. In the result, the complaint is dismissed. No order as to costs.

Pronounced in open Forum on this the 31^st day of August 2011.

Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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