D.o.F:2/6/06<br /> D.o.O.21/7/08<br /> D.o.F:26/10/06<br /> D.o.O:21/7/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.124/06 <br /> Dated this, the 21st day of 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> <br /> Balakrishnan Nair .M,<br /> S/o Kunhiraman Nair,<br /> Manya Devarakkara, : Complainant<br /> Ullodi Po, Kumbla, Kasaragod <br /> <br /> 1. Jayaprakash J.V,<br /> chennagoli House,<br /> Mudyathadka, Mandam Po,<br /> Kumbla,Kasaragod. : Opposite parties<br /> 2. Balu.P, S/o Rama,<br /> Puthukoli House, Ullodi.PO,<br /> Kumbla,Kasaragod <br /> <br /> ORDER<br /> <br /> SMT.P.RAMADEVI : MEMBER<br /> <br /> The facts of the case in brief are as follows;<br /> That the complainant is one of the subscribers of the lucky Dip namely Prize Magic by JB Group. The Ist opposite party is the owner of the J.B.Group and the 2nd OP is agent under him. The lucky Dip Scheme was for a term of 24 weeks and the weekly subscription was Rs.30/-. The winner of every week will get prize. As per the terms of the scheme if a subscriber who has promptly paid the subscription amount but has not win the prize is entitled to get an attractive prize. Here the complainant had promptly paid the entire subscription but he has not win the prize. He is entitled to get an attractive prize. According to the complainant the scheme was over on 13/8/2006. But he has not received the <br /> <br /> <br /> attractive prize irrespective of his repeated demands. Hence the complaint for deficiency of service.<br /> <br /> 2. The evidence in this case is the oral testimony of PW1 , the complainant and Ext.A1.. The opposite parties served notice being called absent and set exparte.<br /> 3. The points arise for consideration in this case is whether there is any deficiency in service on the part of opposite parties and if it is so who has to pay the compensation and what is the quantum .<br /> <br /> 4. Ext.A1 shows the weekly subscription paid by PW1 to opposite parties and the terms and conditions of the lucky Dip scheme. As per condition No.8 the persons other than the prize winners will get an attractive prize. The ‘ Attractive Prizes’ also shown in Ext.A1. According to PW1 he is not a prize winner. As per Ext.A1 he has paid the entire subscription amount and is entitled to get an attractive prize. But the opposite parties were neglected to give the attractive prize. Hence it amounts to deficiency of service on the part of the opposite parties. Eventhough as per the 11th conditions shown in Ext.A1 ‘JB Group is liable for the entire transactions, JB Group is not a party to the proceedings and opposite party No.1 is the owner of J.B.Groups. Opposite party No.2 is an agent under opposite party No.1 and he is collecting the amount for and on behalf of opposite party No.1. Opposite party No.1 is the principal of OP.NO.2. Hence it is a case of vicarious liability, therefore the principal is liable for the act committed by his agent. Here OP.NO.1 is liable for the act committed by OP.2. Ext.A1 shows that PW1 paid the subscription of Rs.30/- per week for a period of 24 weeks. Thus he paid a total amount of Rs.720/-.<br /> <br /> We are of the opinion that there is absolute deficiency of service on the part of the opposite parties. Hence the complaint is allowed and opposite party No.1 is directed to pay an amount of Rs.720/- the subscription paid by complainant to opposite parties and also directed to pay Rs.1000/- as compensation and Rs.500/- as the cost of the proceedings. Time for compliance of the order is 30 days from the date of receipt of copy of the order.<br /> Sd/ Sd/ Sd/<br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> EXT.A1—Lucky dip coupen<br /> PW1-Balakrishnan Nair- complainant<br /> <br /> Sd/ Sd/ Sd/<br /> MEMBER MEMBER PRESIDENT <br /> <br /> <br /> eva/<br /> /Forwarded by Order/<br /> <br /> Senior Superintendent<br />