A.BASHEER vs SECRETARY, NAGALAND STATE LOTTERY

THE complaint is under Section 17 of the Consumer Protection Act. THE case of the complainant is that he Purchased at Trichy a lottery ticket bearing No. GPZ 269199 meant for the 11th draw of Sri Ganapathy Kohima, Nagaland State in the draw held on 6.2.89 and the above ticket got the first prize of Rs. 1 lakh. THE amount was not paid immediately, even though the complainant has been writing to opposite party regularly. THE complainant filed a writ in the High Court Madras for directing the opposite party to pay the amount. THE High Court issued a direction. However, after lapse of more than 3 years, the draft was received for Rs. 54,000/- on 27.4.92 after deducting the tax and commission. THE complainant has come forward for claiming of compound interest at 24%.

THE opposite party has been duly served by issue of publication and remained absent and set ex-parte. Proof affidavit is filed. The first prize is Rs. 1 lakh, but the complainant is entitled to get Rs. 54,000/- only after deducting the tax and commission. The draw has been held on 6.2.89 as per the instructions within 45 days from the date of draw on or before 21.3.89. The failure on the part of the opposite party to pay the amount on or before 21.3.89 is a serious default and negligence. The complainant is therefore entitled to claim simple interest on the amount of Rs. 54,000/- from 21.3.89 fill 27.4.92.

In the result we order as follows : (a) The opposite partly shall pay interest to the complainant on the sum of Rs. 54,000/- from 21.3.89 to 27.4.92 at 24% (b) The opposite party shall also pay cost of Rs. 2,000/- to the complainant. Complaint allowed with costs.