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E.USHMAN SHERIFF vs K.A.S. SEKAR And OTHERS

National Consumer Disputes Redressal Commission · Decided on 4 June 1993 · Citation: 1993 0 CPC 804 : 1993 2 CPJ 1106

HON’BLE JUDGES
S.A.Kader , Ramani Mathuranayagam J.
RESULT
Complaint allowed with costs
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Judgment

4 paragraphs · 376 words
1.

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

2.

ON 17.5.1992 the complainant purchased a lottery ticket for Rs. 3/- from the 1st opposite party for the 19th Draw PAMBA WEEKLY of Mizoram State which offered a first prize of Rs. 3 lakhs. The drawal was to take over on 20.5.1992. The complainant, when he approached the 1st opposite party was informed that the drawl has been postponed. This was the answer given several times. The complainant sent a registered notice to the opposite parties 1 & 2. The opposite party 1 did not send any reply. The 2nd opposite party sent a reply directing the third opposite party which is the sole agent for conducting this lottery to conduct the drawal, but no draw has been conducted so far. The complainant has therefore come forward with this complaint, claiming the price of the ticket namely Rs. 3/-, Rs. 3 lakhs as the first prize, Rs. 100/- for travel expenses, Rs. 50/- for legal notice and Rs. 5,000/- for mental suffering and hardship. Notice was issued to the opposite parties and they remained absent and have been set ex-parte.

Ext. A1 to A5 are marked. Proof affidavit is filed. The claim is proved.

3.

THE complainant is entitled to the refund of the lottery ticket price of Rs. 3/- and for compensation. But the claim that he would have got the first prize is speculative and cannot be accepted. But it is a matter of regret that such lotteries are conducted in false and fraudulent manner thereby cheating the public. A heavy compensation is therefore called for. We are inclined to award compensation in the sum of Rs. 1 lakh against the all opposite parties to be paid jointly and severally. In the result we order as follows : (1) The opposite parties shall refund the sum of Rs. 3/- cost of lottery ticket to the complainant. (2) The opposite parties shall pay to the complainant Rs. 1 lakhs as compensation. (3) The opposite parties shall also pay Rs. 2,000/- to the complainant as costs. (4) All these payments shall be made within one month from the date of receipt of this order. Complaint allowed with costs.