A.M. USMAN, GENERAL MERCHANT vs DIRECTOR TAMIL NADU STATE RAFFLE

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE Complainant purchased a Tamil Nadu Raffle Scheme Lottery Ticket for the Dharampur Super Bumper, 356th draw to be held on 30.7.92. His ticket secured the special first prize of Rs.10,00,000/-. He deposited the ticket with the 2nd Opposite Party Bank and authorised it to collect the amount from the 1st Opposite Party-Director, Tamil Nadu State Raffle Scheme. THE 1st Opposite Party deducted a sum of Rs.1,00,000/- as bonus payable to the Agent and another sum of Rs. 4,03,200/- as Income Tax and Surcharge on Income Tax and remitted the balance of Rs. 4,96,800/- to the Bank. According to the Complainant, as per the terms and conditions printed on the reverse of the ticket,, the bonus payable to the Agent is Rs. 20,000/- only and the deduction of Rs. 1,00,000/- amounts to deficiency in service. He has, therefore, filed this application for payment of the balance of Rs. 80,000/- with compensation in the sum of Rs. 25,000/-. THE 2nd Opposite Party has been impleaded only as a formaly party. The 1st Opposite Party admitted the Raffle Scheme and the fact that the Complainant''s ticket secured the first special prize. According to the 1st Opposite Party, as per G.O. Ms. No. 87, Finance (Raffle) Department, dated 7.2.92, 10% of the prize money shall be deducted and paid as bonus to the Agent and Seller and accordingly the sum of Rs.1,00,000/- was deducted. It is averred that by oversight the matter printed on the reverse of the ticket regarding the reduction of 10% was omitted to be printed. There was no deficiency.

Exs. A1 to A9 and B1 to B6 are marked by consent. Proof Affidavits are filed. No oral evidence has been let in.

THE point for consideration is whether there has been any deficiency in service on the part of the 1st Opposite Party and to what relief, if any, is the Complainant entitled. Point: Ex. A1 is the Xerox copy of the ticket purchased by the Complainant in the Super Bumber Draw to be held on 30.7.92. The ticket bears the No. AQP 201353. Admittedly it has secured the first super prize of Rs. 10,00,000/-. The Complainant has deposited the ticket with the 2nd Opposite Party Bank and authorised it to collect the same. Exs. A4 & A5 are the orders passed by the Government. A sum of Rs. 1,00,000/- has been deducted towards payment of bonus to the Agents and Sellers and Rs. 4,03,200/- as Income Tax fee and Sur-charge on Income Tax and balance of Rs. 4,96,800/- has been remitted to the account of the Complainant.

ON the reverse of Ex. Al ticket, it is clearly laid down that then bonus payable to the Agent is Rs.20,000/- only. It is contended by the Opposite Party No. 1 that as per the G.O. Ms. No. 87, Finance No. (Raffle) Department, dated 7.2.92 (Ex. B1) 10% of the prize has been deducted and paid as bonus to the Agent and Seller and this condition has been omitted to be printed in the ticket. This contention cannot be accepted. The Government Order passed by the Government has no statutory effect. The parties are governed by the terms and conditions printed in the ticket. As per the conditions printed in the ticket, the 1st Opposite Party is entitled to deduct only Rs. 20,000/- as bonus payable to the Agent and Seller. The deduction of Rs. 1,00,000/- is illegal, unauthorised and amounts to deficiency in service. The 1st Opposite Party has, therefore, to pay this amount to the Complainant. We are not, however, inclined to grant any compensation, but only interest on this sum of Rs. 80,000/-. In the result, we order as follows: (1) The 1st Opposite Party shall pay to the Complainant the sum of Rs. 80,000/- with interest thereon at 12% p.a. from 12.11.92, on which date the sum of Rs. 4,96,800/- has been remitted to the Bank, till payment. (2) The Complainant is also entitled to costs of Rs. 1,000/-.

Complaint allowed with costs.