SUDERSHAN NAIK vs SANTOSH KUMAR GIRI

COMPLAINANT is appellant. His case is that opposite parties advertised for a lucky draw scheme. COMPLAINANT purchased a ticket of the draw bearing No. 303. Under the said scheme each ticket holder is to pay 20 instalments at the rate of Rs. 30/-per ticket and there would be 20 lucky draws per ticket. COMPLAINANT paid three monthly instalments. Thereafter he paid Rs. 330/- for another 11 instalments. He was, therefore, to be considered for the 13th draw where he would have been titled to the prize which is a two wheeler, Bajaj M.80. opposite parties did not consider the ticket of the complainant in the 13th draw which is a deficiency in service.

OPPOSITE parties 1 & 2 have stated their cases jointly. OPPOSITE party No.3 had not stated any case. The case of opposite parties 1 & 2 is that only Rs. 30/- was paid which was subsequently forged to make it Rs. 330/- Complainant not having paid Rs. 330/- was not entitled for consideration. On being called upon to produce the original lucky draw ticket by the District Forum to verify the correctness of the allegations, complainant filed a xerox copy of the same in another consumer dispute which is still pending. The opposite parties have produced the accounts register maintained by them. The District Forum drew adverse inference against complainant for not producing the original lucky ticket and did not accept the accounts register to have been properly maintained. However, the District Forum dismissed the complaint on the basis of adverse inference against which this appeal has been preferred.

Complainant has produced the original lucky draw ticket before this Commission along with the memorandum of appeal. To consider whether Rs. 330/- has been paid as claimed by the complainant or paying Rs. 30/- the entry has been forged as claimed by opposite parties further materials are necessary specially when the accounts register maintained by opposite parties has been held not to be properly maintained. Accordingly, the order is set aside, complaint is remitted back to the District Forum for fresh consideration giving opportunity to both the parties to adduce further materials if so advised keeping in mind that a person who claims an entry to be forged is to prove the same. District Forum is also required to consider whether complainant is a consumer and whether the lucky draw scheme is a service rendered. On the basis of findings of these questions, it is to be considered whether there is deficiency in service and the same is on account of negligence in duty by opposite parties.

WITH the aforesaid directions, the appeal is allowed. Since the complainant is getting the benefit, he shall take steps for issue of notice to the opposite parties afresh at his cost. If no step is taken within one month from the date of receipt the records, complaint shall stand dismissed. Appeal allowed. ________________